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Lawson Lundell LLP

Kinji C. Bourchier

Kinji C. Bourchier

Partner

Lawson Lundell LLP
British Columbia, Canada

tel: 604 631 9267
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Local Time: Sat. 08:37

Profile
Kinji has a general commercial and business litigation practice with a diverse mixture of practice areas and a broad range of experience. Kinji's primary practice areas include complex commercial and civil litigation with a focus on contractual disputes, environmental remediation claims, shareholder and transactional disputes, and business torts. He has successfully mediated and reached negotiated settlements on behalf of his clients in the areas of contract, environmental, tort and transactional-based litigation.

Kinji has extensive experience dealing with injunctive remedies in a wide range of contexts including disputes in the forestry and mining industry and also has a focussed practice in the field of environmental remediation cost-recovery claims. He regularly appears as lead counsel in British Columbia Supreme Court, has appeared as lead counsel in the British Columbia Court of Appeal, and has appeared before the BC Securities Commission and Property Assessment Appeal Board. Kinji has also been involved in seeking leave to appeal to the Supreme Court of Canada and has appeared as lead counsel in the Alberta Court of Queen's Bench.

Kinji is a regular contributor to Lawson Lundell's Western Canada Business Litigation Blog, a resource that examines current trends and interesting issues emerging in the legal and business communities.

Bar Admissions

British Columbia (2000)

Education

University of British Columbia (B.A. (Hons.), 1996)
University of British Columbia (LL.B., 1999)
Areas of Practice
Professional Career

Significant Accomplishments

Representative proceedings include:

Successfully represented the defendant, Chevron Canada Limited, in a leading case on dismissal for want of prosecution in an environmental cost recovery action (Sea Gull Leasing Ltd. v. Wildcat Enterprises Ltd., 2012 BCSC 417)

Successfully represented the defendant, Vascor, Ltd., a Kentucky-based company in a lengthy trial before the Supreme Court of British Columbia involving a claim in excess of $200 million based on allegations of unjust enrichment, conversion, quantum meruit and waiver of tort (Can-Auto Inspections Inc. v. Vascor, Ltd. 2011 BSCS 1644)

Successfully represented the defendant, Sleep Country Canada Inc., in a 42 day trial before the Supreme Court of British Columbia involving allegations of inducing breach of contract and business torts, including interference with economic relations (Canadian Bedding Company Ltd. v. Western Sleep Products Ltd., 2009 BCSC 1499)

Succeeded in proving fraud against a claimant of disability benefits from a benefit trust (The Trustees of the IWA- Forestry Industry Ltd. Plan v. Bhullar, 2008 BCSC 168)

Successfully represented the petitioner in a property tax appeal to the British Columbia Supreme Court (CPR v. Vancouver (City), 2007 BCSC 1774)

Successfully defended a shareholder's rights plan before the BC Securities Commission (Re: Imperial Metals Corporation, CAT Gold Corporation and bcMetals Corporation, November 10, 2006)

Represented dissident shareholders in a contested plan of arrangement proceeding involving the oppression remedy and stays of proceedings before the British Columbia Court of Appeal (Scion Capital v. Bolivor Gold Corp, 2006, YKSC17, 2006 YKCA001)

Successfully represented the defendant Chevron Canada Limited in contaminated site claims under the Environmental Management Act in the leading case in British Columbia on remediation allocation of costs claims (Gehring et al. v. Chevron Canada Limited et al., 2006 BCSC 1639)

Successfully represented the plaintiff in a leading decision on the jurisdiction of the Supreme Court of British Columbia over foreign defendants (Xystus v. Century Mining Corporation, 2005 BCSC 741)

Successfully represented the defendants in a leading decision on the scope of fiduciary duties (32262 B.C. Ltd. v. Pacific Sign and Design Ltd. et al., 2003 BCSC 1724)

Represented the appellant in a leading case on the law surrounding the Railway Act, and aboriginal title claims (Canada (A.G) v. Canadian Pacific Ltd., 2002 BCCA 478)

Pursuing claims for declaration of coverage in insurance contexts

Regularly appears as lead counsel in the Supreme Court of British Columbia and the Alberta Court of Queen’s Bench on Plans of Arrangement and other corporate transactional Court approval applications, including fairness hearings.

Represented both plaintiffs and defendants in products liability and engineering litigation claims involving airplane propellers, elevating devices, valves and other industrial products


Professional Associations

UBC Law Alumni Association, President
Reed Athletics Fund, Director
British Columbia Lawyer's Soccer Team, Captain and Organizer of Vancouver “Mundiavocat” Team (Lawyers' International World Cup)
Vancouver Bar Association, Past Elected Executive Member
The Hoop-Law Society, Former Director and Member

Blogs

Lawson Lundell Project Law Blog
Lawson Lundell LLP 

The Lawson Lundell Project Law Blog focuses on updating proponents on new and interesting issues emerging in the law and policy that applies to the development of major projects in Canada. The focus of the blog is on matters relating to environmental assessment and compliance, regulatory matters...

The Business Law Blog
Lawson Lundell LLP 

This blog is authored by members of the Litigation and Dispute Resolution Department. We intend to follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful...

Articles

Kinji Bourchier recognized as one of Canada’s Leading Lawyers Under 40 (November 5, 2013)

Kinji Bourchier featured in CBA National Magazine article, "Out of office" (March 19, 2013), Interview

Kinji Bourchier appears on CBC's The Early Edition (May 30, 2012), Interview

Vancouver Lawyers Represent Canada at the World Cup of Football for Lawyers (May 17, 2012)

Team of Lawson Lundell lawyers recognized in Lexpert Magazine's Big Deals for their role in the US Gold Corporation acquisition of Minera Andes Inc. (April 12, 2012)

“Practice Procedure: Fundamental Tools for Civil Litigation”, Insight Paralegal Forum, Speaker

Lawson Lundell Launches the Western Canada Business Litigation Blog (October 1, 2010)


WSG's members are independent firms and are not affiliated in the joint practice of professional services. Each member exercises its own individual judgments on all client matters.

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