Education

Bar Admission

  • 2013 Admitted to the British Columbia Bar

Derek is a member of the firm’s Wills, Estates + Trusts; Labour + Employment; Business Disputes; Intellectual Property + Technology; and Insurance practice groups.

He has a broad business litigation practice which includes contractual, shareholder, employment, human rights, and intellectual property disputes. Derek also has a particular interest in estate and trust disputes, including wills variation, will validity, trustee and executor liability, and trustee remuneration cases. He also drafts employment agreements and policies, and prosecutes trade-mark and copyright registrations. His practice takes him to multiple jurisdictions, to the British Columbia Supreme Court, the Federal Court of Canada, and to numerous tribunals including the British Columbia and Canada Human Rights Tribunals, the Canada Industrial Relations Board, the British Columbia Employment Standards Tribunal, and the federal Trade-Marks Opposition Board.

On A Personal Note...

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

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
  • Prosecution and defence of arbitration proceedings involving all manner of commercial disputes
  • Negotiation, litigation, and settlement of many large and complex estates involving all manner of assets

Recent Decisions

Professional & Community Affiliations