CHRISTOPHER HARVEY, Q.C.

  • Vancouver Maritime Arbitrators Association
  • International Bar Association
  • Canadian Maritime Law Association
  • Penticton District Bar Association
  • Member, Trial Law Institute
  • Honorary Director, West Coast Environmental Law Association

Chris Harvey, Q.C., was born and raised in British Columbia. He took his legal education in London, England, where he practised as a barrister from 1968 until his return to Canada in 1975. Chris was called to the British Columbia Bar in 1976 and practised with Russell & DuMoulin (now Fasken) before becoming associate counsel with MacKenzie Fujisawa in 2003. He was appointed Queen’s Counsel in 1990.

Chris specializes in civil and regulatory litigation. His wide-ranging practice includes environmental and regulatory law, aboriginal, aviation, product liability, marine, fisheries, defamation, commercial, constitutional and trade-related litigation. Chris has appeared as counsel in courts and tribunals throughout Canada and in arbitrations in the United States, Canada and England.

Chris’ appellate practice in the Federal Court of Appeal, BC Court of Appeal, Alberta Court of Appeal and Supreme Court of Canada has included issues related to the Charter of Rights, Aboriginal governance, aviation and marine insurance and cases concerning agricultural marketing and other regulatory schemes. He occasionally sits as a single arbitrator or as chair of a panel of arbitrators.

Chris devotes a significant amount of his time to volunteer community work and pro bono professional work. He has served in leadership roles with Scouts Canada, various youth sports organizations, and environmental and land trust organizations. From 2008 to 2013, he was the editor of the Advocate, a magazine published six times a year by the Vancouver Bar Association. Most recently, Chris was nominated by his peers for inclusion in the sixth edition of the Best Lawyers® list for Canada in the practice area of Transportation Law.

Chris has served as a nominee of the Federal Minister of Justice on the Judicial Appointments Advisory Committee for British Columbia and is a member of the Advisory Board of OceanCanada Partnership. He lives in Penticton and regularly appears in courts throughout the province.

RECENT REPRESENTATIVE CASES:

  • Fipke v. Kelowna, 2022 BCSC [challenge to lakeside development project]
  • Singer v. Willows, 2022 BCSC 241 [lakeside property encroachment dispute]
  • Mortifee v. British Columbia, 2022 BCSC [claim alleging failure to maintain a flume]
  • Hideaway II Ventures Ltd. v. Canada, 2021 BCSC 2361 [class action for loss of fishing rights]
  • Douglas Lake Cattle Company v. Nicola Valley Fish and Game Club, 2021 BCCA 99 [public access to lakes and fisheries]
  • MacKay v. Brookside Campsite Inc., 2021 BCSC 1304 [changes in stream causing flood damage]
  • Reference re Environmental Management Act (British Columbia), 2019 BCCA 181 [constitutionality of proposed natural gas pipeline legislation]
  • Wesley v. Canada, 2017 FC 725 [aboriginal challenge to liquefied natural gas project]

HONORS / AWARDS:

  • Fellow, Litigation Counsel of America

PUBLICATIONS (Author):

  • “Rex v. Joseph Sankey: Guilty Without a Shadow of a Doubt”, (2011) The Advocate 69: 675 and 855
  • “Entre Nous”, (May 2008 to September 2013) The Advocate [editorials on various subjects of interest to lawyers]
  • “From Pachina Bay to the Pribilofs to Paris: Protection for a Northern Mammal, Compensation for Nuu-Chah-Nulth Sealers and Knighthoods for Counsel”, May 1, 2014 (20 Club Paper)
  • “Who Owns the Foreshore?”, Fisherman Life, November 2007
  • “Le Needfulness de Eux Dispensera Ove le Noisomness del Smell: True or False”, (2004) The Advocate 62: 79-90
  • “The Fish Canneries Reference”, October 7, 2004
  • “Is Hecate Strait in British Columbia?”, Fisherman Life, February, 2002
  • “The Law of Salvage” (CLE paper)
  • “Public Benefit as a Defence to Nuisance”. 2001 (paper presented to 20 Club)
  • “Rylands v. Fletcher: An Effective Environmental Remedy, or a Dead Horse?,” March 21, 2001
  • “Where Federal Fisheries Jurisdiction Ends,” The Westcoast Fisherman, March, 2000
  • “Lord Denning – In Retrospect”, (1999) The Advocate
  • “Brokers Beware,” (1999) IJOSL 1-89
  • “The Alaska Boundary Dispute”, The Westcoast Fisherman, August 16, 1999
  • “The Abolition of the Public Right of Fishery Proposed by Bill C-62″, (1997) The Advocate 55: 527-35
  • “What Use is the Pacific Salmon Treaty?”, The Westcoast Fisherman, (1997): 31
  • “The Greatest Living Englishman”, (March 1996) The Advocate 54: 191-95
  • “Right to Quality of Water Under the Water Act and Related Water Issues”, Law Reform for Sustainable Development in British Columbia, 1997, 186-193
  • “Reflections on GATT, NAFTA and the Corn Laws”, (1994) The Advocate 52: 201
  • “Environmental Clean Up Costs and Damages: The Common Law”, (1992) The Advocate
  • “The Right To Fish”, May 7, 1991
  • “Arbitrating Fraud Claims: Can a Party to a Fraud Case have his Day in Court?”, International Congress of Maritime Arbitrators, September 1991
  • “Maritime Arbitration in Canada”, 1990, Vol. 14, Tulane Maritime Law Journal, p. 273
  • “Riparian Water Rights”, (1990) The Advocate
  • “The Hull Claim”, published in “Maritime Law – Third International Conference”, Pacific Northwest Admiralty Law Institute, 1986, Chapter 5
  • “The Law Relating to the Pollution of Rivers”, 1975 [PhD thesis]
  • “Economic Losses and Negligence”, 1972 Canadian Bar Review

ROBERT V. WICKETT, Q.C.

  • Law Society of British Columbia
  • Environmental Law section of Canadian Bar Association (B.C. Branch)
  • Guest speaker, various environmental and waste management seminars
  • Author – Waste Management Chapter, Due Diligence Deskbook, Continuing Legal Education Society of British Columbia (1994-date)

Bob was born and raised in Vancouver. He is a trial lawyer specializing in commercial and administrative litigation with an emphasis on environmental matters. He also has extensive experience in real estate and leasing litigation and serves as BC real estate litigation counsel for one of Canada’s major food retailers.

Bob also acts in employment and human rights tribunal matters and as counsel in the criminal courts for those charged with regulatory and commercial crime offences.

In his environmental law practice he has performed many environmental due diligence and compliance assessments of forestry, mining, fisheries and manufacturing businesses.

Bob is also Vice Chair of the Environmental Appeal Board, Vice Chair of the Forest Appeals Commission, and a member of the Oil and Gas Appeal Tribunal of British Columbia. In this capacity he has written numerous judgements on environmental, forestry and First Nations issues.

He has appeared as counsel in all levels of court in British Columbia and before various administrative tribunals.

Bob completed his second term as managing partner of MacKenzie Fujisawa in March 2020.  His first term as managing partner was from 2006 through May of 2011.

DANIEL B. MCINTYRE

  • Law Society of British Columbia

A business lawyer with over 40 years of international experience, Dan McIntyre has assisted clients in negotiating, structuring and implementing transactions in industries as varied as real estate, shipping, sports and entertainment, wind power, sewage treatment, and water purification. He has undertaken transactions throughout Canada, the United States, Europe and Asia.

Dan has been involved in large debt realization matters and has been instrumental in structuring and implementing several complex financial restructurings. He has also acted for developers, borrowers, lenders and joint venturers in large and complex transactions.

Historically, Dan was involved in the establishment of the Whistler Town Centre and the Blackcomb Land Use Contract.

He has structured numerous public and private sports arena ventures.

PAUL A. CÔTÉ

  • Law Society of British Columbia

An associate counsel with MacKenzie Fujisawa, Paul Côté’s practice is restricted to civil litigation with an emphasis on insurance law. His practice primarily involves the prosecution of large subrogation, property damage, and business interruption recovery claims. He has also acted as counsel in cases dealing with insurance coverage, professional negligence, product liability, defamation, commercial and banking matters, wills variation, professional misconduct and administrative law matters, and personal injury. He appears regularly as counsel at both the trial and appellate levels. He has authored several articles for continuing legal education publications.

ROBERT H. WYNICK

  • Law Society of British Columbia
  • Real Property, Business and Construction Law Sections of the Canadian Bar Association (B.C. Branch)

An associate counsel with MacKenzie Fujisawa, Rob Wynick has a general corporate/commercial law practice with particular emphasis on the purchase and sale of businesses, real estate development and construction law.

Rob’s area of focus includes acting on behalf of clients in connection with their investments and business acquisitions in British Columbia and other jurisdictions within Canada. The transactions involve both share and asset acquisitions and typically involve the completion of a full range of due diligence searches and the negotiation of formal purchase agreements, ongoing management and employment agreements, and non-competition covenants.