Evan A. Cooke
Evan Cooke earned his law degree from the University of Windsor in 2005, and was admitted to the Ontario Bar in 2006 and the British Columbia Bar in 2007. He was a litigation partner of a large national law firm before joining Eyford Macaulay Shaw & Padmanabhan LLP in 2016, where he was the regional head of the Expropriation Law, Municipal Law, and Railway Law focus groups.
Evan’s primary areas of practice are municipal, expropriation and regulatory litigation, but he has been involved in all types of litigation where the land or resources are in issue. He regularly acts for private and corporate land owners advancing expropriation compensation claims, acts for Crown Corporations at their project-planning stages, assists landlords and tenants with commercial leasing disputes, and advises developers and property owners regarding development process and municipal law more generally. Mr. Cooke has successfully represented clients before all levels of court in British Columbia, the Federal Court of Canada, the Federal Court of Appeal, the Ontario Superior Court, and the Ontario Municipal Board. Mr. Cooke’s representative experience includes:
- Represented private landowner in complex trial relating to land title issues, historical resource rights, and government regulation of Inland Fisheries (2017).
- Successfully representing a medical marijuana producer in the Federal Court and Federal Court of Appeal in relation to federal licensing process, (2015 FC 1331 and 2017 FCA 41).
- Successfully appealing a TransLink parking tax ruling for a major developer, (2016 BCCA 106).
- Successfully resisted application by activist group for an order seeking advance costs funding of their litigation against private enterprise (2015 BCSC 120).
- Successfully terminated lease of commercial tenant and obtained order for damages for unpaid rent and repair of the premises (2013 BCSC 135).
- Negotiating expropriation compensation settlements for many private land owners (individual and corporations), and has advising expropriation authorities regarding expropriation procedure.
- Acting for landlords to terminate leases with problem tenants, and successfully pursuing many defaulting tenants for contractual damages and debt.
- Advising all types of businesses on bylaw infraction problems, non-conformance with zoning, and on obtaining all types of permits and approvals.
- Representing financial institutions and other corporate entities in general commercial litigation matters.
- Acting for various resource sector participants in relation to regulatory and administrative obligations.
Evan has authored papers and presented on a variety of topics such as:
- Presenter, “Site Access for Testing: Statutory and Contractual Rights of Access”, 2017 British Columbia Expropriation Association Seminar, October 2017.
- Author, “Expropriation Law: Considerations for Ranchers”, Beef in BC, September/October 2017.
- Author, “Courts Clarify Municipal Role in Marijuana Business Regulation”, The Lawyers Daily, April 2017.
- Presenter, “Public Expropriation For Private Ends: The Growing Scope of Expropriation Authority,” 2016 British Columbia Expropriation Association Seminar, October 2016.
- Presenter, “Protecting Canadian Communities: From Prohibition to Licensing Dispensaries”, Canadian Institute Seminar on Cannabis Industry, September 2016.
- Moderator and Co-Presenter, “From Curbside to Store Front: Risks of Rewards From the Business of Marijuana,” Educational Seminar, June 2016.
- Co-Author, “The Hazy State of Medical Marijuana Regulation in Canada“, Educational Publication, March 2016.
- Presenter, “Injurious Affection, Expert Ethics, & Developments in Expropriation Law“, International Right of Way Association Seminar, September 2015.
- Co-Author, “Advance Costs: Another Blow for Litigation ‘Hail Mary’ “, The Lawyers Weekly, August 2015.
- Presenter, “Law & the Land: Knowing and Understanding the Expropriation Process,” 2014 British Columbia Expropriation Association Seminar, October 2014.
- Presenter, “Terrible Tenants and the Terrible Leases That Enable Them: Post-Trial Observations,” 2014 Commercial Real Estate Presentation, June 2014.
- Author, “Questioning the Limits of Municipal Power,” The Lawyers Weekly, June 2014.
- Presenter, “Law & the Land: Knowing and Understanding the Expropriation Process,” 2014 BC Land Summit, May 2014.
- Author, “Public Works Cause Nuisance,” Novae Res Urbis, August 2013.
- Co-Author, “Municipal Bylaws Can Still Be Challenged,” The Lawyers Weekly, May 2013.
- Presenter, “End of Lease Conflict: How a Tenant Can Get Out Cleanly — and (Sometimes) With Their Equipment,” Educational Seminar, November 2012.
- Author, “Rulings Underline Municipal Discretion,” The Lawyers Weekly, September 2012.
- Author, “Avoiding Misrepresentation,” Commercial Leasing (Canadian Property Management magazine), July 2012.
PROFESSIONAL and CHARITABLE MEMBERSHIPS
- President, British Columbia Expropriation Association (2013 – Present)
- Member, Urban Development Institute, Okanagan Chapter
- Member, Canadian Bar Association, Municipal Law Section, B.C.
- Member, Law Society of British Columbia
- Member, BC Cattlemen’s Association
- Member, 100 Men Who Give a DAMN, Kelowna