Derek Frenette

Associate

Derek Frenette is a member of the firm’s Wills, Estates + Trusts, Labour + Employment, Business Disputes, Intellectual Property + Technology, and Insolvency + Restructuring practice groups. His practice is litigation-focused, and includes estate, employment, and commercial litigation matters. Derek has represented clients before the Provincial and Supreme Courts of British Columbia and before numerous administrative tribunals.

Representative Experience

Derek has represented clients in Federal Court, British Columbia Supreme Court and British Columbia Provincial Court, as well as numerous tribunals and administrative bodies.

  • Defended a claim for battery in a two-week trial before a jury, which resulted in the awarding of minimal damages which were further reduced by 70% as a result of a successful provocation defence.
  • 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.

Recent decisions:

Professional + Community Affiliations

Education

On A Personal Note

In his spare time, Derek enjoys basketball, cycling, camping and travel.