Tom is a litigator in Vancouver with a focus on civil appeals, commercial disputes, class actions, judicial reviews, and regulatory defence. Tom has an active appellate practice, appearing as counsel in more than 40 reported appellate decisions in the British Columbia Court of Appeal, Federal Court of Appeal and Supreme Court of Canada.
Tom has been recognized by his peers in The Best Lawyers® in Canada: Corporate Commercial Litigation.
Before joining Fasken, Tom clerked for the Court of Appeal for British Columbia and practiced at both a national and boutique law firm in Vancouver. He is also an adjunct professor at the University of British Columbia teaching conflicts of law.
Commercial Litigation:
Tom acts as counsel on a range of complex corporate matters, mass tort claims, corporate litigation, including relief from oppression and partnership disputes, and insurance matters.
One highlight of Tom’s commercial litigation work was defending a complex mass tort claim brought by Eritrean refugees who alleged they were subjected to forced labour and torture in the construction of the Bisha Mine in Eritrea. Tom was counsel dealing with a number of novel procedural issues: Araya v. Nevsun Resources Ltd., 2019 BCCA 104; Araya v. Nevsun Resources Ltd., 2019 BCCA 205.
Tom has significant commercial experience in the mining sector. Tom has acted in complex disputes about royalty agreements in court and arbitral proceedings (Richmont Mines Inc. v. Teck Resources Limited, 2018 BCCA 452) and in disputes about the ownership of tailings (Skeena Resources Ltd. v. Mill, 2023 BCCA 249 and Skeena Resources Ltd. v. Mill, 2024 BCCA 249).
Class Actions:
Tom frequently defends clients in complex class actions. One notable example is that Tom is part of a team representing a generic pharmaceutical company in British Columbia’s proposed class action for recovery of healthcare costs arising from the opioid crisis. It is one of the largest class actions in Canadian history; it has involved complex civil procedure issues and a constitutional challenge heard at the Court of Appeal and Supreme Court of Canada: Valeant Canada LP/Valeant Canada S.E.C. v. British Columbia, 2022 BCCA 366; Sandoz Canada Inc. v. British Columbia, 2023 BCCA 306, appeal dismissed, Sanis Health Inc. v. British Columbia, 2024 SCC 40.
Judicial Review, Administrative Law and Public Law:
Tom has significant experience in public law matters. Tom was counsel for an intervener in Canada’s leading case on administrative law and judicial review (Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65.
Tom was part of a team representing the Canadian Civil Liberties Association in its intervention before the Court of Appeal and Supreme Court of Canada on whether the British Columbia Supreme Court could issue a worldwide injunction: Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265; Google Inc. v. Equustek Solutions Inc., 2017 SCC 34.
Tom has also been part of several successful judicial review matters at the Federal Court of Appeal and British Columbia courts: Alexion Pharmaceuticals Inc. v. Canada (Attorney General), 2021 FCA 157; British Columbia (Comptroller of Water Rights, Water Sustainability Act) v. Harrison Hydro Project Inc., 2022 BCCA 4.
Regulatory Defence:
Tom also practices in regulatory defence matters. Tom has developed a particular expertise in environmental regulatory defence matters:
- Tom was part of the Fasken team representing Teck Coal Limited in a complex and unprecedented prosecution that would have resulted in the largest environmental trial in Canadian history under the Fisheries Act: R. v. Teck Coal Limited, 2021 BCPC 118.
- Tom regularly advises companies dealing with British Columbia’s administrative monetary penalties under the Environmental Management Act and the Mines Act.
Insolvency:
Tom regularly appears in insolvency appeal proceedings. Among other things, Tom has recently:
- acted for the Insolvency Institute of Canada in its intervention before the Supreme Court of Canada in Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41 regarding the intersection of arbitrations and receiverships;
- successfully defended a dispute between mortgage holders: AKA Investments Ltd. v. Sathasivam, 2024 BCCA 218.
- successfully defended a decision of a judge to commit a debtor into bankruptcy: Braich v. Clarke, 2023 BCCA 305.
- persuaded the Court of Appeal to refuse leave to appeal on a receivership order: Key-West Asphalt Products Ltd. v. CMI Roadbuilding Inc., 2022 BCCA 444.
- participated in hard fought CCAA litigation regarding the development of Vancouver’s largest wood framed development: 1296371 B.C. Ltd. v. Domain Mortgage Corp., 2022 BCCA 331; Port Capital Development (EV) Inc. (Re), 2022 BCSC 1655; Port Capital Development (EV) Inc. v. 1296371 B.C. Ltd., 2021 BCCA 382; Port Capital Development (EV) Inc. v. 1296371 B.C. Ltd., 2021 BCCA 319; Port Capital Development (EV) Inc. v. 1296371 B.C. Ltd., 2021 BCCA 418.
Appellate practice:
Tom has appeared as counsel and argued a number of complex civil appeals at the British Columbia Court of Appeal. He is also a thought leader in appellate practice. Tom co-authors the Civil Appeal Handbook published by the Continuing Legal Education Society of British Columbia and the CanLII BC Civil Litigation Manual, and regularly appears as a panelist on civil appeal matters.
Tom also serves on the executive of the Appellate Advocacy section of the Canadian Bar Association – BC Branch, and as a referral counsel for Access Pro Bono’s Court of Appeal Program, where he has taken on a number of pro bono appeals and achieved successful results.
