PREMIUM LEGAL SERVICES
Our industry leadership is built on our strengths in diverse areas of practice and enables us to help our clients achieve success.
AREAS OF PRACTICE
Administrative Law & Tribunal Advocacy

Administrative law is the body of law that governs the activities of the administrative agencies of government. Government action can include rulemaking, adjudication or the enforcement of a specific regulation. As a body of law, administrative law deals with the decision-making of administrative units of government (for example, tribunals, boards or commissions). Administrative law may also apply to the review of decisions of semi-public bodies, such as non-profit corporations, disciplinary boards and other decision-making bodies that affect the legal rights of members of a particular group or entity.

Our Administrative Law & Tribunal Advocacy Group works on behalf of clients appearing before a broad range of boards and tribunals involving matters of public law, including the Environmental Appeal Board, the Forest Appeals Commission, various British Columbia marketing boards and other subordinate marketing boards. We also appear before courts in judicial reviews of the decisions of boards and tribunals. We have extensive experience with judicial review proceedings, including appearances at trial and on appeal in the courts of British Columbia, the Federal Court and the Supreme Court of Canada.

OUR CLIENTS
We represent a diverse range of clients – from individuals to large corporations – involved in matters of public law.

OUR EXPERTISE

  • Advocacy before tribunals
  • Judicial review challenges to administrative decisions
  • Constitutional challenges
Aviation & Aerospace

Our Aviation & Aerospace Practice Group handles a wide variety of claims and litigation and has represented aircraft manufacturers, international aircraft component part manufacturers, domestic and international air carriers, repair and overhaul facilities, as well as service providers and airport operators. We routinely deal with insurance and insurance coverage issues, property damage and business interruption losses, product liability, and subrogated claims for domestic and international aviation underwriters. We also maintain a wide network of professionals with specialized expertise to assist with the effective resolution of complex technical matters. Our practice group members are often recognized as national leaders in aviation and aerospace law.

Bankruptcy & Insolvency

MacKenzie Fujisawa provides expertise in advising clients involved in matters under Canada’s bankruptcy and insolvency regime, including representation at hearings under the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act, receivership proceedings, priorities disputes and negotiations with trustees, receivers, creditors and other third parties.

Canada’s insolvency regime is complex and continues to evolve. Putting someone on your side to navigate its intricacies is what we do.

OUR LAWYERS
Civil Litigation, Trial & Appellate Advocacy

Our team of experienced trial lawyers has successfully advanced or defended clients in the Supreme Court and Court of Appeal of British Columbia, Federal Court, Federal Court of Appeal and Supreme Court of Canada. A number of our litigators are Queen’s Counsel, signifying excellence in advocacy, professional integrity and contributions to the community.

We guide our clients through the complex litigation process with the aim of obtaining the best possible outcome for the client in the most cost-effective manner. Our team also advises and represents clients in the appellant process in appealing or seeking to uphold an earlier decision from an administrative tribunal or court.

Constitutional Law & Elections

The Canadian constitution is the foundation by which our government interacts with its citizens. It exists to ensure that the powers of government are exercised fairly, and it is the framework of our democracy.

MacKenzie Fujisawa’s Constitutional Law & Elections Practice Group is focused on assisting clients whose constitutional rights have been infringed. We have represented our client’s interests at all levels of Canadian courts and administrative tribunals.

The members of our practice group have experience litigating a wide range of matters, including infringement of religious freedom, freedom of expression, civil rights and liberties under the Canadian Charter of Rights and Freedoms, disputes over the division of federal and provincial powers, and electoral rights.

Corporate & Commercial

MacKenzie Fujisawa has a strong Corporate & Commercial team with extensive experience advising a diverse range of clients – from individuals with smaller operations and problems to major enterprises with extensive holdings and issues to match. We are not simply dedicated to the affairs and problems of large entities, but seek to assist people managing – or hoping to get started and manage – small and mid-sized businesses in British Columbia and beyond.

We represent domestic and international corporations in manufacturing, distribution, natural resource exploration and extraction, construction, real estate development, and intellectual property services.

With MacKenzie Fujisawa, you will find timely assistance for incorporations, shareholder and partnership agreements, share and asset transactions, corporate reorganizations, and distribution and license agreements. Our aim is to provide practical advice, and we strive for simplicity wherever it can be achieved.

Creditors’ Remedies & Foreclosure

Understanding how to locate and realize on assets quickly often makes the difference between payment in full and a sizable loss.

Members of MacKenzie Fujisawa’s Creditors’ Remedies & Foreclosure Practice Group have wide-ranging experience in all aspects of collection law, including pre-judgment garnishment of funds, seizure and sale of assets, builders’ liens, receiverships, forced sale of real property, and priority disputes among creditors.

We have significant experience acting on complicated debt matters, including those involving the fraudulent dissipation or concealment of assets. Our lawyers have experience obtaining urgent injunctive relief, including asset freezing and tracing orders.

Our foreclosure clients range from sophisticated commercial lenders to individuals self-directing their RRSPs. We frequently act for clients who hold second mortgages or high-risk tertiary mortgages against residential, commercial or development property.

OUR LAWYERS
Domestic & International Arbitration

Arbitration allows parties in a dispute to choose an alternate forum to resolve the issues between them. Arbitration often enables a more streamlined and cost-effective process for the resolution of business disputes.

Members of MacKenzie Fujisawa’s Domestic & International Arbitration Practice Group have significant experience representing commercial clients in complex arbitral disputes involving shareholders’ rights, dissolution of partnerships, sales of goods and services, and interpretation of contractual relationships.

Employment Law & Human Rights

Our firm regularly acts in all forms of workplace disputes. We have handled wrongful dismissal suits for both employers and employees, negotiated severance packages and conducted proceedings in the human rights tribunal.

We understand the place a person’s job has in their life, and how difficult workplace and human rights disputes can be for all involved. We work to ensure that disputes are resolved in a sensitive but fair manner.

Environmental & Natural Resources

Our Environmental & Natural Resources Practice Group provides advice to both domestic and foreign clients on a broad range of environmental issues. Our firm has extensive knowledge of the regulatory framework impacting a number of industries in British Columbia, with specific expertise in the areas of fisheries, aquaculture, forestry, mining, agriculture, and oil and gas.

Our experience includes assisting clients with compliance issues, undertaking due diligence, environmental management (including approvals and assessments), civil liability, risk assessment and advising on regulatory offenses.

Estate Management & Litigation

The Estate Management & Litigation Practice Group has two primary focuses. First, we advise clients on estate planning and preserving wealth through the use of wills, trusts and powers of attorney. Second, we assist clients with estate litigation. This may include guiding clients through the probate process, contesting the validity of a will, assisting disinherited beneficiaries or overseeing general trust claims.

Financial Services

Our Financial Services Group represents both domestic and international clients on all aspects of commercial lending. Our lawyers have significant expertise on a wide range of financial service industries, including banking, asset-based lending and personal property security.

In addition to drafting loan agreements and appropriate security documentation, we are able to assist clients with project financing contracts for a large range of real estate developments, as well as advising on appropriate financial instruments for other project acquisition facilities.

First Nations

Our First Nations Group advises Aboriginal governments and businesses on issues involving First Nations law.

We also have extensive experience with dispute resolution, litigation and judicial review proceedings involving Aboriginal rights, including appearances at trial and on appeal in the courts of British Columbia, the Federal Court and the Supreme Court of Canada. Our lawyers have successfully defended our clients’ interests in leading cases involving the Crown’s duty to consult, both for Aboriginal governments and businesses.

OUR CLIENTS
We represent Aboriginal groups and businesses in the mining, fisheries, aquaculture and other resource-related sectors in matters of First Nations law.

OUR EXPERTISE

  • Advice on doing business with First Nations communities and businesses
  • First Nations/private sector partnerships
  • Consultation protocols
  • Band council and reserve land issues
  • Duty to consult, strength of claim and impact analysis
  • Aboriginal rights
  • Aboriginal fishing rights
  • Dispute resolution and litigation
Insurance & Product Liability

The members of our Insurance & Product Liability Practice Group act for some of the world’s largest insurers and are regularly retained to handle all aspects of claims against insurance policies. We are capable of responding to all manner of claims disputes, defending insureds and prosecuting subrogated claims.

Our lawyers have particular experience with professional negligence claims, major property loss and business interruption claims, transportation claims, and product liability claims.

Intellectual Property

The challenges of modern technology make protecting your intellectual property more important than ever. At MacKenzie Fujisawa, we draw upon our in-depth knowledge and experience in commercial transactions to help you meet your business goals. We advise clients on trademarks, copyrights, patents and trade secrets in the Canadian and international markets.

We represent clients of all sizes – from individual software developers and small businesses to large organizations with international reach. We tailor our advice and services to suit the needs of our clients in today’s fast-paced business environment.

OUR SERVICES INCLUDE:

  • registration and licensing of intellectual property rights,
  • drafting and negotiating licence and franchise agreements,
  • acting on the purchase and sale of businesses with intellectual property assets,
  • advising on employment, non-competition and non-disclosure agreements, and
  • litigation of intellectual property disputes.

Our team of respected litigators advocate on behalf of our clients at all levels of court when disputes are unavoidable. We develop and employ effective litigation strategies for our clients to achieve cost-effective results. Representative work includes defending and prosecuting computer software cases involving the infringement of copyright.

Maritime & Fisheries

Our Maritime and Fisheries Group is focused on all aspects of marine and fisheries transactions, coverage issues and litigation.

Our lawyers were counsel for commercial fishing interests in the Cohen Commission of Inquiry into the Decline of Sockeye Salmon in the Fraser River. We have defended numerous fishermen for prosecution for regulatory offences and have defended our clients’ interests in leading cases at trial and on appeal in the courts of British Columbia, the Federal Court and the Supreme Court of Canada.

OUR CLIENTS
We represent a broad range of clients in the shipping, fisheries and aquaculture sectors.

OUR EXPERTISE

  • Defending prosecutions
  • Aboriginal fishing rights
  • Property damage and cargo claims
  • Regulatory, arbitration and litigation
Personal Injury

MacKenzie Fujisawa has a number of experienced litigators whose practice focuses on personal injury. Injuries may stem from car accidents, slip and falls, or defective products. No matter the injury, our team supports and guides each client through the litigation process. We ensure that each client receives fair compensation for pain and suffering, loss of income, cost of care and any out-of-pocket expenses. Most of our personal injury claims are taken on a contingency fee basis, meaning the client does not pay any fee until they receive compensation.

Professional Liability & Regulation

Professional liability and regulation issues can have a significant impact on professionals and their regulatory bodies. MacKenzie Fujisawa has lawyers who understand the intricacies of today’s regulatory environment and help clients navigate through processes that can often have serious consequences for the parties.

We represent regulatory bodies and individuals facing regulatory action. We regularly advise our clients on admissions standards, complaints and investigations, disciplinary hearings, unauthorized practice, and board governance.

In our role as counsel for regulatory bodies, we provide a wide range of services, including:

  • advising and training boards and inquiry and disciplinary committees,
  • prosecuting unauthorized practice,
  • advocating for regulatory bodies on judicial review proceedings and appeals
  • risk management, and
  • continuing education.

In our role as counsel for professionals, we use our significant experience and knowledge to assist our clients with matters such as:

  • defending against claims of professional misconduct,
  • challenging decisions on membership qualifications, and
  • representing clients on judicial review proceedings and appeals.

Our litigators have a deep knowledge of professional negligence matters. We have defended and prosecuted professional negligence claims at all levels of court. Our record of success and experience in this area allows us to provide practical, trusted advice to professional liability insurers and those who have been wronged by professionals.

Public Inquiries & Coroner’s Inquests

Public Inquiries and Coroner’s Inquests are unique processes with lasting consequences for all involved. Whereas litigation generally resolves a particular ongoing dispute, these inquiries can change the course of government policy for years to come. We understand how important these hearings can be to your interests and the unique processes and challenges inherent in Commissions of Inquiry, Royal Commissions and Coroner’s Inquests.

MacKenzie Fujisawa boasts a team of lawyers who have appeared as counsel in many notable Royal Commissions, Commissions of Inquiry and Coroner’s Inquests, including the Braidwood Inquiry, the Missing Women Commission of Inquiry, and the Cohen Commission.

Real Estate Development, Commercial Leasing & Real Property

Our Real Estate Development, Commercial Leasing & Real Property Group regularly acts on a variety of commercial and residential transactions, including acquisitions, dispositions, rezoning and land use. We have extensive experience in all aspects of the development process and are able to assist clients with zoning and development approval as well as contract drafting and negotiation. Our experience in strata property also allows us to advise on issues relating to subdivisions, including air space subdivisions, stratification and the drafting and filing of Disclosure Statements.

The lawyers in our Real Property Group are further able to assist clients in structuring joint ventures, partnerships, co-ownership groups or other arrangements for the acquisition and development of all types of real estate.

Our Real Property Group is complemented by a strong commercial leasing practice. We have represented both landlords and tenants in drafting and negotiating all types of commercial leases, including retail, office and industrial.

Trademarks

Consistent with our aim of assisting people and businesses with the protection and management of all of their assets, we provide expertise in protecting your trademarks and trademark rights in Canada. Whether your objective is domestic registration of a single trademark or the comprehensive branding of a business for the future, our firm’s registered trademark agent will undertake pre-application searches and provide analysis of the results, prepare in consultation with you applications to the Canadian Intellectual Property Office, and assist with post-registration issues as they arise, including advising on possible third-party infringement by others.