Practice Expertise

  • Aboriginal Law
  • Commercial Litigation
  • Environmental
  • Mining

Areas of Practice

  • Aboriginal Law
  • Commercial Litigation
  • Environmental
  • Mining
  • Project Law
  • Public Utility and Regulatory
  • View More

Profile

Toby practices civil litigation and administrative law in a broad range of matters focussing on environmental, regulatory, Aboriginal and land issues. He has appeared as counsel before administrative tribunals in British Columbia and Ontario, all levels of court in British Columbia (Provincial, Supreme and Appeal), the Nunavut Court of Justice and the Supreme Court of Canada.

Toby joined Lawson Lundell as a summer student in 2008. After law school, he served as a judicial law clerk at the British Columbia Supreme Court, and following his clerkship, completed his articles at Lawson Lundell. Toby practiced in the Vancouver office of Lawson Lundell before moving to Yellowknife in 2014.

Toby is also a regular contributor to the Project Law Blog, a resource that provides updates on developments in law and policy relating to the development of major projects in Canada.

Bar Admissions
British Columbia (2011)
Northwest Territories (2014)
Nunavut (2014)
Alberta (2015)

Education
University of British Columbia (B.Sc. (Honours), Global Resource Systems, 2004)
University of New Brunswick (LL.B., (with distinction) 2009)

Areas of Practice

  • Aboriginal Law
  • Commercial Litigation
  • Environmental
  • Mining
  • Project Law
  • Public Utility and Regulatory

Professional Career

Significant Accomplishments
Co-counsel to Chevron Canada Limited (a refinery operator) and Chevron Canada Resources (a producer and pipeline shipper) in a pipeline transaction tariff hearing before the National Energy Board regarding allocation of pipeline capacity on the TransMountain Pipeline. Application for approval of Tariff Amendments regarding Verification Procedures, RWH-001-2013.

Successfully defended an application brought by a former spouse against a pension administrator for an interest in the former spouses pension plan (Fricker v. British Columbia Pension Corporation, 2014 BCSC 1729)

Represented 2274659 Ontario Inc. in an application for party status by a First Nation in a surface rights dispute (2274659 Ontario Inc v Canada Chrome Corporation, Ontario Mining and Lands Commissioner, 2012)

Represented the BC Civil Liberties Association before the Supreme Court of Canada in opposing a publication ban over allegedly defamatory speech (AB v Bragg Communications Inc., 2012 SCC 46)

Successfully upheld a freezing order issued by the Securities Commission against persons being investigated for a Ponzi scheme,(Zhu v British Columbia (Securities Commission), 2013 BCCA 248)


Professional Associations
*Canadian Bar Association of British Columbia, member of Environmental, Aboriginal and International law subsections
*Law Society of Northwest Territories Admissions Committee
*Project Law Blog, Contributor

Recognition and Ranking
*Highest standing in third year law school, plus prizes in Environmental Law, Community Planning and Legal Writing
*Top 10 oralist at Canadian Round of Jessup International Moot Competition (2009)
*Associate Editor, UNB Law Journal

Seminars/ Presentation
"Western Canada Legal Update: British Columbia", Western Chapter Education Seminar, Canadian Property Tax Association, Calgary, AB (March 19-20, 2012), Speaker

"Environmental Issues Relating to Fish", 6th Edition Environmental Law in BC Conference, Insight Information, Vancouver, BC (January 25-26, 2012), Speaker


Articles

Water Use in British Columbia (February 2015), Author

Federal Government Approves Meliadine Gold Mine (February 3, 2015)

"The Peel watershed decision's broader implications,", The Northern Miner (January 22, 2015), Co-author

After Tsilhqot'in - Aboriginal Issues for Project Proponents North of 60, The Northern Miner (November 4, 2014)

"Facebook Defamation Case Heard by the Supreme Court of Canada" (May 23, 2012), Author

Lawson Lundell Launches the Project Law Blog (May 10, 2012)

Project Law Bulletin: Environmental Assessment – Improving the Process (March 23, 2012), Author

"Environmental Law: Managing Risk - 'I Done What He Told Me To' - What to Do (and Not to Do) When the Regulator Calls" (November 21, 2011), Co-Author

“Trail Smelter II: A prudent approach? From extraterritoriality to non-discrimination”, 43 University of British Columbia Law Review 109 (2010), Author

“The Canadian Environmental Assessment Act and Global Climate Change: Rethinking Significance”, 47 Alberta Law Review 161 (2009)

Blogs

Environmental, Indigenous and Natural Resources Blog

Lawson Lundell's Environmental, Indigenous and Natural Resources Blog focuses on environmental, indigenous and natural resources law, as well as related litigation. Included are summaries of significant cases from Canadian appellate courts, changes in the legal framework governing resource development including energy and climate change policy, and key decisions from the more influential regulatory bodies in Canada.

North of 60 Blog

Our North of 60 Blog provides commentary on current legal trends and developments, and legislative updates affecting businesses in Northern Canada.

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