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Scott Kerwin
Téléphone
(604) 640-4029
Télécopieur
(604) 622-5935
Courriel
skerwin@blgcanada.com
Carte virtuelle
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.
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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.
LIENS AUX DOMAINES DE PRATIQUE DONT FAIT PARTIE SCOTT KERWIN
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