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Scott Kerwin

Téléphone (604) 640-4029 
Télécopieur (604) 622-5935 

Courriel skerwin@blgcanada.com 
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Background

Scott Kerwin is a partner practicing in our Vancouver office. He is a graduate of Osgoode Hall Law School with a Bachelor of Laws in 1999. After serving as a judicial law clerk to the British Columbia Court of Appeal (1999-2000), Scott was admitted to the British Columbia Bar in 2001.

Areas of Practice

  • Estate and trust litigation, including probate actions, passings of accounts, restitution claims, adult guardianship applications, claims under the Wills Variation Act, and cases involving powers of attorney.
  • Constitutional law, with an emphasis on aboriginal rights and the division of powers
  • Public law, including civil appeals and environmental law matters.
  • Tort and insurance claims, including product liability claims.

Professional Experience

  • Recent decisions in which Mr. Kerwin appeared as counsel:
    • Skopnik v. BC Rail Ltd., 2008 BCCA 331: whether rural landowners are liable to persons trespassing upon their property for the purpose of a recreational activity
    • Abram Estate v. Shankoff (2007), 35 E.T.R. (3d) 69, 2007 BCSC 1368: interpretation of a Will and recovery of trust property that had been mistakenly distributed to the wrong beneficiaries
    • British Columbia Securities Commission v. Bapty (2006), 52 B.C.L.R. (4th) 372 (S.C.): whether an enforcement action by the B.C. Securities Commission was barred by the limitation period in the Securities Act
    • Raybar Estate v. Primozic [unreported]: whether a photocopy of a lost Will could be admitted to probate
    • Order F06-16, Re Ministry of the Environment , [2006] B.C.I.P.C.D. No. 23 (QL) (Office of the Information and Privacy Commissioner): whether a public body could withhold records on the basis of litigation privilege
    • Cimaco International Sales Inc. v. British Airways PLC , 2005 BCSC 1338: dismissal of an application by the plaintiff to make conspiracy allegations
    • Chief Percy Williams v. The Minister of Fisheries and Oceans and Heritage Salmon Ltd. (2003), 313 N.R. 394, 2003 FCA 484, leave to appeal to Supreme Court of Canada dismissed, [2004] S.C.C.A. No. 55 (QL): interpretation of the word "fishing" in the federal Fisheries Act
  • Scott has prepared legal opinions on issues pertaining to aboriginal rights, the liability of the Crown, and the division of powers.
  • Represented clients at mediations and other forms of alternative dispute resolution.

Professional and Community Activities

  • Scott is a member of the Canadian Bar Association (sections: Aboriginal Law; Wills and Trusts; Elder Law; Constitutional and Civil Liberties), the B.C. Civil Liberties Association, and the Osgoode Society for Canadian Legal History. He also volunteers as a pro bono lawyer for the Western Canada Society to Access Justice.
  • Recent publications, papers, and seminars:
    • "Expert Evidence and the Proposed Rules of Court ", BLG/ICBC Seminar (September 2008).
    • Co-author of three chapters in the British Columbia Probate and Estate Administration Practice Manual (CLE).
    • "Duty to Consult Aboriginal Groups: 2007 Update", BLG Environmental Law Seminar (June 2007).
    • "Analysis of Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation" (August 2006), Mining Watch.
    • "Duty to Consult Aboriginal Groups: Background and Sources", presentation to CBA Legal Research Section (February 2005).
    • "The Arbitrability of IP Disputes" (December 2004), International Law Office Legal Newsletter (co-authored with Edward C. Chiasson, Q.C. and Gerald W. Ghikas, Q.C.).
    • "Stare Decisis in the B.C. Supreme Court: Revisiting Hansard Spruce Mills" (July 2004) The Advocate, Vol. 62, pp. 541-565.
    • "The Application of Causation and Mitigation Principles in Disability Insurance Claims" (Canadian Institute's 5th Annual Litigating Disability Insurance Claims, November 2003) (with Douglas R. Eyford).
    • Guest lecturer at UBC, Faculty of Applied Science regarding the law of product liability.
  • Contributor to the Borden Ladner Gervais Aboriginal Legal Issues e-Newsletter, a daily publication providing case summaries and updates on Aboriginal law in Canada and other common law jurisdictions.
  • Scott received his B.A. (Hons) from the University of British Columbia in 1994 and an M.A. from the University of British Columbia in 1996, with a focus on modern Chinese, Tibetan, and British Columbian history. He has published works in BC Studies and the Dictionary of Canadian Biography.
  • Board Member of the Saint James Community Service Society, a charity in Vancouver providing services to persons in need living in the Downtown Eastside.
  • Volunteer reader for the BLG Reads to Kids program.
  • Member of the Advocates Club.

Pour l'instant, seule la version anglaise de ce curriculum vitae est disponible. Veuillez cliquer ici pour l'afficher

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