Andrew Nathanson has a broad litigation practice with a focus on complex commercial litigation and white-collar crime. Andrew has been recognised as leading litigator in publications including Chambers Global, Benchmark Canada, Lexpert and Best Lawyers, with commentators highlighting his “meticulous” preparation and problem-solving skills. In 2014, Benchmark Canada ranked Andrew as a national “litigation star” for white collar crime.
Andrew’s representations in corporate and commercial litigation matters have included BHP Billiton, TELUS, Chrysler Canada, Western Forest Products, KPMG and Talisman Energy.
Corporate and Commercial Litigation
Andrew has acted for corporations, directors and shareholders in shareholders' disputes, oppression claims, and proxy contests, as well as in commercial disputes more broadly. Andrew has particular experience in the mining, hospitality and entertainment industries.
In 2010 and 2011, Andrew was co-counsel for Lions Gate Entertainment in one of the most prominent corporate cases in BC in recent years. Lions Gate successfully defended claims brought by the Icahn Group, who alleged that Lions Gate engaged in oppression and improper defensive tactics to defeat its hostile takeover bid and proxy contest seeking control of Lions Gate, a leading Hollywood motion picture and television studio. The case, which featured parallel proceedings before the BC Supreme Court, the BC Securities Commission and both state and federal courts in New York, was legally significant for its affirmation that where there is a hostile bid for control, a corporation's directors may, consistent with their fiduciary duties, take measures to resist the bidder where they reasonably conclude that it is in the best interests of the corporation to do so. This has long been a controversial question in Canadian corporate law.
Many of Andrew's commercial cases involve multi-jurisdictional disputes. He is an honorary member of the UK's Commercial Bar Association (COMBAR).
White Collar Crime
In the area of white-collar crime, Andrew has acted for both the Crown and defence, including on a number of high profile matters. He has particular experience in assisting corporations and individuals in responding to criminal and regulatory investigations, in some cases avoiding charges altogether. In 2013, Andrew, along with others from Fasken Martineau, was counsel in what was described as one of the most complex occupational health and safety investigations in WorkSafe B.C.’s history. Ultimately, no charges were laid. In what is thought to be the first time in Canada a common law privilege has been recognised for HIV-related health records, Andrew successfully obtained an exemption from a production order in an aggravated sexual assault investigation.
Andrew has been counsel in significant criminal and constitutional cases involving:
- Free speech during elections (R. v. Bryan 2007 SCC 12);
- The right of drug addicts to access harm-reduction based health services (Canada (Attorney General) v. PHS Community Services Society 2011 SCC 44);
- The obligation of witness police officers to complete their duty notes in civilian police oversight investigations without the participation of counsel (Schaeffer v. Wood 2013 SCC 71);
- Jury secrecy and when jury verdicts may be set aside for reasonable apprehension of bias (R. v. Budai 2001 BCCA 349, application for leave to appeal dismissed);
- Refugee protection and human smuggling (R. v. Appulonappa 2014 BCCA 163, application for leave to appeal granted, hearing pending);
- The constitutionality of mandatory minimum sentences (R. v. Lloyd 2014 BCCA 224, application for leave to appeal pending); and
- The right to financial assistance to make full answer and defence (R. v. Ho 2003 BCCA 663, application for leave to appeal dismissed).
Andrew served as Associate Commission Counsel for the second phase of the Davies Commission of Inquiry into the death of Frank Paul, which examined the Crown's charging decisions arising out of the in-custody death of Mr. Paul, a homeless Aboriginal man. The Davies Commission report, together with the Braidwood Commission, led to the creation of the Independent Investigations Office (B.C.) to conduct criminal investigations where police are suspected of involvement in incidents resulting in death or serious harm. Andrew was also co-counsel for a witness at the Missing Women Commission of Inquiry.
Andrew has appeared before all levels of court, including the Supreme Court of Canada. He has also appeared before the B.C. Securities Commission, other administrative tribunals and as counsel in commercial arbitrations. He has lectured and written on directors’ and officers' liability, restitution, white collar crime, civil litigation, advocacy and legal ethics. Since 2004, Andrew has taught civil procedure as an adjunct professor at the Faculty of Law at the University of British Columbia.
Honours and Awards
- Chambers Canada 2016 for Dispute Resolution (British Columbia) ("Andrew Nathanson is acknowledged for his expertise in the realm of white-collar crime and negligence investigations. Commentators tout him as 'a very formidable lawyer.'")
- The Best Lawyers® in Canada 2013-2016 for Corporate and Commercial Litigation
- Chambers Global 2015 for Dispute Resolution (British Columbia) ("Andrew Nathanson has wide-ranging experience with a good body of work to his practice. He is hard-working, bright and focused. His practice includes a strong emphasis on white-collar crime.")
- Benchmark Canada 2015 Local Litigation Star in British Columbia
- Canadian Legal Lexpert® Directory 2013-2015 for Corporate and Commercial Litigation & Securities Litigation
- Chambers Global 2014 for Dispute Resolution (British Columbia)
- Benchmark Canada, 2014 Litigation Star for white collar crime in Canada and a Local Litigation Star in British Columbia
- Chambers Global 2013 for Dispute Resolution (British Columbia) (“The "smart, meticulous and thorough" Andrew Nathanson is recognised for his expertise in commercial litigation and white-collar crime, and has considerable experience in cases relating to the mining and entertainment industries”
- Benchmark Canada, 2013 Local Litigation Star in British Columbia
- Chambers Global 2011-2012 for Dispute Resolution ("rising star Andrew Nathanson")
- Benchmark Canada 2012 Future Litigation Star ("Andrew Nathanson, another unanimous mention at the future star level ... 'Five years from now, if you're doing litigation in British Columbia, you'll be dealing with him'")
- Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers 2010 for Litigation Lawyer to Watch
- Lexpert® Rising Star 2009: Leading Lawyer Under 40
- Adjunct professor, The University of British Columbia Faculty of Law, Civil Litigation
- Guest lecturer, The University of British Columbia Faculty of Law, Advanced Trial Advocacy course
- Guest lecturer, Continuing Legal Education Society of British Columbia, advocacy programs
- Institute of Corporate Directors (ICD)
- Honorary member, Commercial Bar Association (COMBAR)
- Former President, The Advocates Club
- Canadian Association of Law Teachers
- Civil Litigation and Criminal Law Sections, Canadian Bar Association