Derek Frenette is a member of the firm’s Commercial Litigation, Corporate / Commercial, Insurance, Intellectual Property + Technology, Labour + Employment and Wills, Estates + Trusts Practices. His practice is litigation focused, and includes labour and employment, commercial and estate matters. Derek has an interest in intellectual property law, and in particular the protection of intellectual property relating to craft beer and wine. This aspect of his practice includes trademark prosecution and litigation, including infringement and opposition proceedings.
Derek has represented clients in Federal Court, British Columbia Supreme Court and British Columbia Provincial Court, as well as numerous tribunals and administrative bodies.
- Successfully negotiated settlement on favourable terms of a complex trade-mark dispute on behalf of a prominent Canadian private career-training institution, including settlement of Trade-mark Opposition Board proceedings and potential Federal Court proceedings against a Canadian public university.
- Successfully negotiated settlement on favourable terms of a Federal Court trade-mark infringement action on behalf of a prominent recruitment and staffing service provider, involving infringement of the client’s trade-marks by a large provider of industrial capital project services.
- Successfully obtained a six-figure settlement for a client who was constructively dismissed after employer failed to pay salary or provide benefits for eight months, underwent change of control and refused to pay back-wages and benefits. Obtained a Mareva injunction freezing employer’s assets pending trial or settlement of the matter.
- Successfully negotiated settlement on favourable terms of an employment dispute on behalf of an employer which involved a Worker’s Compensation discriminatory dismissal complaint, human rights complaint and two Worker’s Compensation Appeal Tribunal appeals, including successfully obtaining an order from WorkSafe BC that the claimant was not entitled to any remedy in respect of the discriminatory dismissal finding.
- Successfully obtained a monetary settlement for a client who brought an action against siblings in connection with the wrongful conversion of father’s estate assets prior to death through undue influence.
- Successfully negotiated settlement on favourable terms of a Supreme Court wrongful dismissal case on behalf of a client, involving the dismissal of a long-serving executive within the employer’s organization and a six-figure demand for severance.
- Cameron v. Waterfall Skincare and another, September 21, 2016 BCHRT 138
- De la Plante et al. v. BCAA Insurance Corporation, April 2, 2016 No. C15681, New Westminster Registry
- Martin et al v. Struan Management Ltd. et al, November 10, 2015 No. S144379, Vancouver Registry
- Caster v. Cineplex Entertainment Corporation, April 1, 2014 No. 12-40687, Vancouver Registry
Professional + Community Affiliations
- Canadian Bar Association, Member
- Law Society of British Columbia, Member
- Pro Bono Going Public 2013 and 2014, Volunteer
- JDRF Ride for Diabetes Research 2013 and 2014, Volunteer
- 2013 – Admitted to the British Columbia Bar
- J.D. 2012 – University of British Columbia
- M.A. 2005 – Simon Fraser University
- B.A. 2003 – Simon Fraser University
On A Personal Note
In his spare time, Derek enjoys basketball, cycling, camping and travel.
Assistant: Rachel Dinning
Direct Line: 604.643.2162