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Tom A. Posyniak, Partner

Tom A. Posyniak

Partner 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 that court. Tom also acts for clients in domestic arbitral proceedings and before various administrative bodies in British Columbia. In 2023, Tom was recognized by his peers in The Best Lawyers® in Canada: Corporate Commercial Litigation. 

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 an active member of the appellate advocacy community. He 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 and has taken on a number pro bono appeals under that program

Tom also is a contributor to continuing legal education programs in British Columbia. He 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. In 2023, Tom will be serving as an adjunct professor at the University of British Columbia teaching conflicts of law.  

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

Peace River Hydro Partners v. Petrowest Corp., 2022 SCC 41

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


Client Work

  • Insolvency Institute of Canada successfully intervenes before the Supreme Court of Canada in the Petrowest case,
  • Solterra successfully completes purchase of the Terrace House development following highly contested sales process in a CCAA proceeding,
  • Fasken intervenes on behalf of BC aggregate producers association in critical appeal about the authority of municipalities to regulate quarries,
  • Alragheb v. Francis, 2021 BCCA 457,
  • Defence of unprecedented federal environmental prosecution for Teck Coal,
  • Gascoigne v. Desjardins Financial Security Life Assurance Company (Desjardins Insurance), 2020 BCCA 316,
  • Nevsun Resources Ltd. v. Araya (SCC, BCCA),
  • Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65,
  • Service v. University of Victoria, 2018 BCSC 2027,

Career & Education


  • JD University of Saskatchewan
  • BA University of British Columbia

Community involvement

  • Adjunct Professor of Conflicts of Law at UBC (Present)

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


Fasken Institute



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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