Vancouver, BC, Canada
Phone: 604-899-5237
Fax: 604-899-5216
agunn@emlawyers.ca

Assistant: Andrea Craig
email: acraig@emlawyers.ca

Contact

Angus M. Gunn, Q.C.

Angus M. Gunn QC is a seasoned and creative advocate who provides strategic counsel and highly experienced representation. His commercial disputes practice emphasizes appellate advocacy, arbitration proceedings (and related litigation), public and administrative law matters, and other corporate commercial disputes. He has appeared in all levels of court in Canada, including the Supreme Court of Canada. He represents clients in proceedings before various arbitral and administrative tribunals and accepts appointments as arbitrator and mediator. He joined the partnership at Eyford Macaulay following several decades at a Canadian national law firm. Mr. Gunn is a member of the Law Society of British Columbia and the Law Society of England and Wales. He was appointed Queen’s Counsel in 2012.

Every major legal directory recognizes Mr. Gunn as a leading advocate. Chambers Canada lists him as a leading lawyer in arbitration and dispute resolution: he “maintains a strong reputation and an active practice in the field of appellate litigation. He is also well versed in domestic and international commercial arbitration. He is a thoughtful, meticulous and thorough lawyer. He is very attentive to detail and covers all elements of a problem.” He is also listed in the 2017 edition of The Best Lawyers in Canada in the areas of administrative and public law, alternative dispute resolution, appellate practice, corporate and commercial litigation, insurance law, and international arbitration. In 2015 and 2017 Best Lawyers designated Mr. Gunn as the Vancouver Appellate Practice Lawyer of the Year. The Canadian Legal Lexpert® Directory recognizes Mr. Gunn as consistently recommended for commercial arbitration and repeatedly recommended for public law litigation. Benchmark Canada ranks Mr. Gunn as a British Columbia litigation star in the areas of commercial litigation and arbitration.

In addition to maintaining his law practice, Mr. Gunn has taught for over a decade at the University of British Columbia Faculty of Law, where the students have selected him on three occasions to receive the award for outstanding teaching by an adjunct professor. Mr. Gunn has also made substantial contributions to the community in the area of pro bono work over many years, and in 2016 was selected to receive the Canadian National Pro Bono Distinguished Service Award.

Education/Bar Admission

  • LLM, University of Cambridge, 1998
  • LLB, University of Toronto, 1993
  • BA in History, University of British Columbia, 1990
  • England and Wales (Solicitor), 1998
  • British Columbia, 1995

Professional Involvement

  • Co-Chair, Arbitration Advisory Group to Attorney General of British Columbia, 2017-present
  • Member, Western Canada Commercial Arbitration Society (WCCAS), 2008-present (President and Chair, 2013-present)
  • Member, ICC Canada National Committee, 2010-present
  • Member, London Court of International Arbitration, 2002-present
  • Member, ADR Institute of Canada, Inc. (including roster of approved arbitrators), 1999-present; Director, 2006-09
  • Fellow, Chartered Institute of Arbitrators (CIArb) (London, England), 2006-present (Member, 1999-2006)
  • Honorary Overseas Member, Commercial Bar Association (COMBAR) (London, England), 2011-present
  • Director, Young Canadian Arbitration Practitioners (YCAP), 2005-2012
  • Accredited Mediator, Centre for Effective Dispute Resolution (CEDR), 2012-present
  • Tribunal Member, British Columbia Civil Resolution Tribunal (CRT), 2015-present

Community Involvement


Rankings and Recognitions

  • Recognized in the 2017 and 2016 editions of Chambers Canada — Canada’s Leading Lawyers for Business (Dispute Resolution: Arbitration (Band 3), Dispute Resolution: British Columbia (Band 4)).
  • Recognized in the 2017 edition (and since 2012) of The Best Lawyers in Canada® (Administrative and Public Law, Alternative Dispute Resolution, Appellate Law, Corporate and Commercial Litigation, Insurance Law, International Arbitration).
  • Recognized in the 2017 (and since 2013) editions of The Canadian Legal Lexpert® Directory (Commercial Arbitration and Public Law Litigation).
  • Listed in the 2016 edition of Who’s Who Legal (Arbitration).
  • Recognized in the 2013, 2014 and 2015 editions of the Lexpert® Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada (International Commercial Arbitration).
  • Recognized in the 2015 edition of the Lexpert®/Report on Business Litigation Special Edition as a leading litigator.
  • Recognized as the 2017 and 2015 “Vancouver Appellate Practice Law Lawyer of the Year” by The Best Lawyers in Canada®.
  • Recognized in the 2016 and 2015 editions of Benchmark Canada – The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys as a “Local Litigation Star: British Columbia” and a “Litigation Star: Arbitration, Commercial”.
  • Recognized as a leading Canadian lawyer in the 2014 edition of Lexpert® Special Edition on Litigation Lawyers.
  • Appointed Queen’s Counsel, 2012.
  • Martindale-Hubbell™ 5 out of 5 Peer Review Rated.
  • Adam S. Albright Award for Outstanding Teaching by an Adjunct Professor, University of British Columbia Faculty of Law, 2013, 2008, and 2005.
  • Harry Rankin, QC Pro Bono Award, Canadian Bar Association (BC Branch), 2008.

Representative Work

Personal Injury Damages

  • Jampolsky v. Insurance Corporation of British Columbia, 367 BCAC 311, 2015 BCCA 87: appeal from judge-alone assessment of damages in personal injury action
  • Mazur v. Lucas, 53 BCLR (5th) 329, 2014 BCCA 19: appeal from jury assessment of damages in personal injury action
  • Ciolli v. Galley, 15 BCLR (5th) 303, 2011 BCCA 106: appeal from jury assessment of damages in personal injury action, including largest assessment of damages for non-pecuniary loss in Canadian history.
  • Bradley v. Groves, 8 BCLR (5th) 247, 2010 BCCA 361, leave to appeal refused, [2011] 1 S.C.R. vii: appeal from imposition of joint and several liability on independent tortfeasors said to give rise to indivisible injury.
  • Bradley v. Bath, 1 BCLR (5th) 228, 2010 BCCA 1: appeal from judge-alone rejection of contributory negligence defence and assessment of damages for non-pecuniary and pecuniary losses.
  • Boota v. Dhaliwal, 279 BCAC 38, 2009 BCCA 586: appeal and cross appeal from jury assessment of damages in personal injury action
  • Ashcroft v. Dhaliwal, 83 BCLR (4th) 279, 2008 BCCA 352, leave to appeal refused, [2009] 1 SCR v: appeal from assessment of damages where tort damages for “indivisible loss” reduced by settlement amount paid to plaintiff by later tortfeasor.
  • Kerslake v. Kim, 2008 BCCA 220: appeal from judgment pronounced consequent upon jury trial in personal injury action
  • Courdin v. Meyers, 37 BCLR (4th) 222, 2005 BCCA 91: appeal from jury assessment of damages in personal injury action
  • Dilello v. Montgomery, 37 BCLR (4th) 72, 2005 BCCA 56: appeal from jury assessment of damages in personal injury action
  • Hoskin v. Han, 12 BCLR (4th) 21, 2003 BCCA 220: appeal from jury assessment of damages in personal injury action
  • Vaillancourt v. Molnar Estate, 8 BCLR (4th) 260, 2002 BCCA 685, leave to appeal refused, leave to appeal refused, [2003] 2 SCR xi: appeal from jury assessment of damages in personal injury action

Other Tort and Contract Litigation

  • Allen v. Bishop of Victoria, 2016 BCSC 1078 and Court of Appeal for British Columbia No. CA043775: appeal from dismissal of action for medical negligence in connection with acute profound hypoxic ischemic brain injury sustained during birth
  • Tulsa Heaters Inc. v. Syncrude Canada Ltd., 17 Alta L.R. (5th) 231, 2009 ABCA 414: appeal from judgment for additional costs incurred in fabrication of industrial fired vacuum heater
  • Skopnik v. BC Rail Ltd., 82 BCLR (4th) 313, 2008 BCCA 331, leave to appeal refused, [2008] 1 SCR xii: appeal from a finding of liability in negligence under British Columbia occupiers’ liability legislation.
  • Sander v. Sun Life Assurance Co. of Canada, 10 BCLR (4th) 203, 2003 BCCA 55: appeal from dismissal of application for declaration that group disability policy did not require him to undergo corrective surgery

Constitutional and Other Public Law Litigation

  • Re B. (W.B.), 2016 BCSC 1005: application for declaration of entitlement to physician-assisted death consequent upon Carter v. Canada (Attorney General), [2015] 1 SCR 331, 2015 SCC 5, and [2016] 1 SCR 13, 2016 SCC 4
  • Carter v. Canada (Attorney General), [2015] 1 SCR 331, 2015 SCC 5: constitutional challenge to criminal prohibition on physician-assisted death
  • Gichuru v. British Columbia (Information and Privacy Commissioner), 62 BCLR (5th) 49, 2014 BCCA 259: appeal from dismissal of petition for judicial review in freedom of information matter
  • Canadian National Railway v. British Columbia, 354 BCAC 258, 2014 BCCA 171: appeal from dismissal of statutory appeal from Forest Appeals Commission decision as to appropriate quantum of compensation for fire-destroyed timber
  • Sandhu v. British Columbia (Provincial Court Judge), 42 BCLR (5th) 1, 2013 BCCA 88: appeal from dismissal of petition for judicial review of Provincial Court Judge’s refusal to permit appellant to act as interpreter for trial of small claims action
  • Seaspan Ferries Corp. v. British Columbia Ferry Services Inc., 42 BCLR (5th) 243, 2013 BCCA 55: appeal from minimum average tariff established by BC Ferry Commissioner for respondent’s drop trailer services
  • Named Person v. Vancouver Sun, [2007] 3 SCR 253, 2007 SCC 43: applicability of Dagenais Mentuck test to application by alleged police informer to have extradition hearing proceed in camera.
  • Lee v. Dawson, 51 BCLR (4th) 221, 2006 BCCA 159, leave to appeal refused, [2006] 2 S.C.R. ix: whether Canadian common law upper limit on damages for non-pecuniary loss inconsistent with Charter
  • Wewaykum Indian Band v. Canada, [2003] 2 SCR 259, 2003 SCC 45: test for judicial bias in Canada.
  • Concrete Panels from United States, Re, 6 TTR (2d) 647: inquiry by Canadian International Trade Tribunal (CITT) into whether importation into Canada of reinforced concrete panels constituted dumping and materially injured the domestic industry

Civil Procedure

  • Wright v. Sun Life Assurance Co. of Canada, 383 BCAC 26, 2015 BCCA 528: appeal to full Court from Order of single justice dismissing costs appeal from Registrar and quashing appeal for want of leave
  • Wright v. Sun Life Assurance Co. of Canada, 375 BCAC 19, 2015 BCCA 312: appeal from Registrar’s costs assessment and application to quash second appeal for want of leave
  • Wright v. Sun Life Assurance Co. of Canada, 375 BCAC 18, 2014 BCCA 523: appeal from Registrar’s settlement of Order on appeal
  • Meghji v. British Columbia (Ministry of Transportation and Highways), 60 BCLR (5th) 121, 2014 BCCA 105, and 60 BCLR (5th) 167, 2014 BCCA 345: appeal from award of double costs consequent upon issuance of offer to settle
  • Wright v. Sun Life Assurance Co. of Canada, 62 BCLR (5th) 129, 2014 BCCA 309: appeal from dismissal of appeal from order requiring appellant to attend independent medical examination
  • Tyson Creek Hydro Corp. v. Kerr Wood Leidal Associates Ltd., 55 BCLR (5th) 284, 2014 BCCA 17: appeal from dismissal of application for leave to commence third-party proceedings in construction case
  • Metcalfe Estate v. Yamaha Motor Canada Ltd., 68 Alta LR (5th) 23, 2012 ABCA 240: appeal from order validating service ex juris of legal process despite non-compliance with Hague Service Convention
  • Brooks-Martin v. Martin, 309 BCAC 254, 2011 BCCA 357: grant of leave to appeal from costs order at trial
  • Gehlen v. Rana, 19 BCLR (5th) 419, 2011 BCCA 219: appeal from costs order granting plaintiff costs in Supreme Court despite recovering damages within monetary jurisdiction of Provincial Court
  • Majewska v. Partyka, 5 BCLR (5th) 53, 2010 BCCA 236: appeal from costs award in “fast-track” litigation
  • Kerslake v. Kim, 2009 BCCA 154: application for repayment order in respect of overpayment of final award of damages
  • Bedwell v. McGill, 86 BCLR (4th) 343, 2008 BCCA 526: whether the former offer to settle Rule 37 conflicted with the Negligence Act, offended the objective of determining proceedings justly, speedily, and inexpensively, or reflected unsound policy.
  • Anderson v. Routbard, 67 BCLR (4th) 66, 2007 BCCA 193: appeal from trial judge’s refusal to attach costs consequences to offer to settle
  • Leslie v. Parmar, 226 BCAC 299, 2006 BCCA 256: appeal from order that trial of personal injury action continue without a jury due to misconduct

Arbitration Enforcement Litigation

Real Property Litigation

  • Hamilton v. Callaway, 386 BCAC 208, 2016 BCCA 189: appeal from dismissal of claims for breach of contract and fraudulent misrepresentation in purchase and sale of townhouse
  • Ganges Kangro Properties Ltd. v. Shepard, 380 BCAC 269, 2015 BCCA 522: appeal from judgment for breach of contract consequent upon purchaser’s refusal to complete purchase of real property
  • Strata Plan LMS 2768 v. Jordison, 35 BCLR (5th) 36, 2012 BCCA 303: appeal from court-ordered sale of condominium as remedy for allegations of ongoing strata bylaw breaches
  • Jiwan Dhillon & Co. v. Strata Plan LMS 4385, 289 BCAC 102, 2010 BCCA 324: appeal from order prohibiting appellant from standing for election to strata council as remedy for mismanagement of strata corporation

Estate Litigation

  • Boda Estate v. Boda, 64 BCLR (5th) 81, 2014 BCCA 354: appeal from determination that transfer of real property into joint tenancy constituted gift rather gratuitous transfer to be held in trust

Bankruptcy and Insolvency Litigation

Publications and Presentations

  • Co-Author, “Order & Chaos: A Practical Guide to Some Vexing Points of Appeal Procedure,” The Verdict, Fall 2016, Issue 150.
  • Co-Author, “Canada’s Absolute Criminal Prohibition on Physician Assisted Death is Unconstitutional,” BLG Commercial Litigation Bulletin, February 2015.
  • Co-Chair, The Continuing Legal Education Society of British Columbia (CLE BC) Administrative Law Conferences, 2005-12.
  • Speaker, “Personal Injury Appellate Case Law Update, 2012,” Canadian Defence Lawyers (CDL) Conference titled “The Best Defence,” September 2012.
  • Co-Author, British Columbia Administrative Law Practice, CLE BC, 2012 and looseleaf.
  • Speaker, “Arbitrator Challenges for Bias: Where Are We Going After Boeing?,” ICC Canada International Arbitration Conference, October 2011.
  • Rapporteur, “ New York Convention Workshop,” International Bar Association (IBA) 2010 Annual Conference and IBA’s Arbitration News, March 2011.
  • Co-Panellist, “Factum Writing,” CLE BC Appellate Advocacy Conference, October 2010.
  • Co-Author/Speaker, “Personal Injury Case Law Update 2005-2006: Court of Appeal for British Columbia and Supreme Court of Canada,” CLE BC Personal Injury Conference, 2006.
  • Speaker, “Bias and Lack of Independence: Procedural and Evidentiary Issues,” The Canadian Institute’s Fundamentals of Administrative Law and Practice Course, June 2006.
  • Author, “BC Court Develops Guidelines on Technology Use in Civil Proceedings,” The Lawyers Weekly, May 2006.
  • Speaker, “Formal Offers to Settle: Rule 37 Case Law Update 2005-2006,” Canadian Bar Association –Insurance Law Section (BC Branch) Meeting, April 2006.