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Tom A. Posyniak, Associate

Tom A. Posyniak

Associate Fasken
Jurisdiction British Columbia, 2014
Language(s) English
Office(s) Vancouver


Tom is a commercial litigator. His practice focuses on appeals, judicial reviews, and complex commercial matters. 

Tom has an active appellate practice and regularly appears before the British Columbia Court of Appeal. Tom has also been counsel at the Supreme Court of Canada and regularly prepares written submissions in the Supreme Court of Canada. Tom also acts for clients in domestic arbitral proceedings and before various administrative bodies in British Columbia.

Prior to joining Fasken, Tom clerked for the Court of Appeal for British Columbia. After clerking, Tom practiced at a national law firm and then a boutique law firm in Vancouver.

Tom is on the executive of the Appellate Advocacy section of the Canadian Bar Association – BC Branch. Tom also serves as a referral counsel for Access Pro Bono’s Court of Appeal Program.

Tom is a co-author of the Civil Appeal Handbook published by the Continuing Legal Education Society of British Columbia and the CanLII BC Civil Litigation Manual.

Notable Cases

Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65/ Bell Canada v. Canada (Attorney General), 2019 SCC 66

Gascoigne v. Desjardins Financial Security Life Assurance Company (Desjardins Insurance), 2020 BCCA 316

Charbonneau Estate v. Charbonneau, 2021 BCCA 206

British Columbia (Comptroller of Water Rights, Water Sustainability Act) v. Harrison Hydro Project Inc., 2022 BCCA 4

Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2021 FCA 157, leave to appeal dismissed, 2022 CanLII 21677 (SCC)

Client Work

Date Client

Career & Education


  • JD University of Saskatchewan
  • BA University of British Columbia

Memberships & Affiliations

  • Member, Law Society of British Columbia
  • Member, Canadian Bar Association
  • Co-Chair, Canadian Bar Association, British Columbia, Appellate Advocacy Section
  • Member at Large, Canadian Bar Association, British Columbia, Employment Law Section




Article, Author Consideration Reconsidered: The Law of Consideration in the Employment Context Following Rosas v. Toca Employment and Labour Law Reporter


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