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Roy Cotton-O'Brien, Associate | Litigation and Dispute Resolution

Roy Cotton-O'Brien

Associate Fasken
Jurisdiction British Columbia, 2022 | New York, 2022 | Oregon, 2021 | Alberta, 2018 | Ontario, 2018
Language(s) English
Office(s) Vancouver
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Overview

Roy specializes in complex commercial disputes, including arbitrations, appeals, and insolvency matters.

He has appeared in the British Columbia Supreme Court, the Alberta Court of Appeal, the Alberta Court of King’s Bench, and has experience in United States Federal Courts in Texas, New York, Delaware, and California. Prior to joining the firm, Roy practiced at a leading international law firm in New York City and clerked at the Alberta Court of Appeal.

Career & Education

Education

  • Master of Laws University of Cambridge
  • JD University of Toronto
  • BA (Honours), Political Science & Philosophy McGill University

Publications

  • Utilizing AI-powered Tools In Arbitration, 5/23/2024
  • “The Limits of Ledcor: Persisting Problems with the Interpretation of Standard Form Contracts” (2019), 62 Canadian Business Law Journal 35
  • “Not Pleaded Matters” in Claude Marseille and Joe McArthur (eds), The Law of Objections in Canada (Toronto: LexisNexis, 2019)
  • “Statute of Frauds” in Claude Marseille and Joe McArthur (eds), The Law of Objections in Canada (Toronto: LexisNexis, 2019)
  • “Narrowing the Doctrine of Rectification in Canadian Law” (2018), 61 Canadian Business Law Journal 248
  • “A Trustee’s Fiduciary Duty to Disclose the Existence of a Trust” (2018), 37 Estates, Trusts & Pensions Journal 251
  • “Unpacking the Meaning of Good Faith in Bhasin v Hrynew” (2018), 48 The Advocates’ Quarterly 473
  • “A Case for Uniformly Abolishing the Rule Against Perpetuities in Canadian Trust Law” (2017), 36 Estates, Trusts & Pensions Journal 230
  • “The (Ir)Revocable Right of Survivorship” (2020), 40 Estates, Trusts & Pensions Journal 43
Article, Co-Author “The Limits of Ledcor: Persisting Problems with the Interpretation of Standard Form Contracts” (2019), 62 Canadian Business Law Journal 35
Book chapters, Co-Author “Not Pleaded Matters” in Claude Marseille and Joe McArthur (eds), The Law of Objections in Canada (Toronto: LexisNexis, 2019)