Eileen Vanderburgh

Partner

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Eileen Vanderburgh is the leader of the firm’s Appellate Advisory and Information + Privacy Practices. She is also a member of the Labour + Employment, Local Government, Health and Insurance Practices. She advises and represents clients on a variety of matters including administrative and judicial review proceedings, information and privacy, human rights, contractual disputes and tort claims. She acts for public sector clients including health authorities, universities, school boards, Crown agencies, regulatory bodies and local governments. She also acts for corporations and non-profit organizations in a variety of sectors including the forest industry, sports, insurance and business.

Representative Experience

  • Appears on behalf of clients in the Supreme Court of British Columbia, the Court of Appeal, mediations, arbitrations and before administrative tribunals;
  • Acts as counsel for forest industry clients and major insurers in tort and contract claims in a variety of matters;
  • Acts as counsel on a variety of litigation and administrative law matters for public sector and private sector clients;
  • Advises and represents public bodies in matters involving access to information and privacy under the Freedom of Information and Protection of Privacy Act;
  • Advises private sector clients on accessing information and preventing disclosure of business and personal information under the Freedom of Information and Protection of Privacy Act;
  • Advises corporate and non-profit organizations on compliance with the British Columbia Personal Information Protection Act and the federal Personal Information Protection and Electronic Documents Act, including issues of employee privacy, use of customer and member personal information, security and appropriate disclosure of personal information; and
  • Advises and represents public and private sector clients in matters before the British Columbia Human Rights Tribunal, including complaints of discrimination in employment relationships, membership in non-profit organizations and membership in professional regulatory bodies.

REPRESENTATIVE CASES

  • British Columbia v. Canadian Forest Products Ltd., 2016 BCSC 1261 (defence of action arising from a forest fire)
  • Pirie v. Skantz, 2016 BCCA 70 (motor vehicle liability)
  • Mason v. Turner, 2016 BCCA 58 (claim of damage for breach of charter rights by police)
  • Khalsa Diwan Society – New Westminster v. British Columbia (Registrar of Companies), 2015 BCSC 518 (statutory appeal of Registrar’s order)
  • Chen v. Surrey (City), 2015 BCCA 57 (judicial review of decision of Human Rights Tribunal)
  • Paquette v. School District No. 36 (Surrey), 2014 BCCA 456 (occupiers liability)
  • Owners, Strata Plan BCS 327 v. IPEX Inc., 2014 BCCA 237 (interpretation of release)
  • Dawson (Town of the City of) v. Carey, 2014 YKCA 3 (costs appeal)
  • Ganitano v. Metro Vancouver Housing Corporation, 2014 BCCA 10 (appeal of order granting tenant relief from forfeiture of residential tenancy)
  • Middelaer v. Delta (Corporation), 2013 BCCA 189
  • Sportstown B.C. Holdings Ltd. v. British Columbia Soccer Association, 2013 BCSC 2017
  • Shelton-Johnson v. Delta School District No. 37, 2012 BCCA 439 (appeal on scope of contractual indemnity clause)
  • Simon Fraser University v. Noble, 2011 BCCA 334, 2009 BCSC 1481 (judicial review of order of BC Information and Privacy Commissioner)
  • Provincial Health Services Authority v. British Columbia (Information and Privacy Commissioner), 2010 BCSC 931 (judicial review of order of BC Information and Privacy Commissioner)
  • Petro-Canada v. British Columbia (Workers’ Compensation Board), 2009 BCCA 396, 2008 BCSC 841 (judicial review of decision of WorkSafe BC)

Professional + Community Affiliations

  • Governor of the Law Foundation of British Columbia.
  • Board Member, The KidSafe Project Society.
  • CBA Subsections – Administrative Law, Information and Privacy, Appellate Advocacy, and Civil Litigation.
  • Canadian Bar Association, Member.
  • International Association of Privacy Professionals, Vancouver Chapter.

Education

  • 1991 Admitted to the British Columbia Bar.
  • 1990 LL.B. University of British Columbia.

Publications + Presentations

  • Present, Expert Legal Annotator – Information and Privacy Law, Quickscribe Services Ltd.;
  • April 17, 2015,Co-Chair, Appellate Practice 2015, CLEBC;
  • May 22, 2014, “Thinking Like an Appellate Lawyer”, Canadian Defence Lawyers 2014 Bootcamp, Speaker (with Kathryn McGoldrick);
  • January 23, 2014, “Legal Update – 2013 in Review”, International Association of Privacy Professionals, (Vancouver), Speaker;
  • Spring/Summer 2013, “B.C. Court of Appeal upholds indemnity in school rental contract”, RiskEd, (a risk management newsletter for the Schools Protection Program’s members), Vol. 17, No. 2, Author;
  • May 2013, “Personal Information in Cyberspace – Managing the Risk of a Privacy Breach”, RIMS Canada Newsletter, Author;
  • November 20, 2012, “Designing and implementing a privacy management program”, 6th Managing Privacy Compliance Course (Federated Press), Speaker.
  • October 30, 2012, “Establishing ‘harm’ when withholding records under FIPPA“, International Association of Privacy Professionals (Vancouver), Speaker;
  • June 2012, “Employers’ Use of Facebook in the Hiring Process – it’s not a ‘Like’”, Internet and E-Commerce Law in Canada, Volume 13, No. 2, Author; and
  • May 2012, “Whose e-mail is it? University does not control personal e-mail of faculty members”, Canadian Privacy Law Review, Volume 9, No. 7.

Direct Line: 604.484.1732
Facsimile: 604.484.9732
ac.lbhanull@hgrubrednave
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Assistant: Toni Fabbro
Direct Line: 604.643.2128
Email: ac.lbhanull@orbbaft