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Canada Guide 2023

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About

Provided by Randal Kaardal KC

Canada

Practice Areas

Randy Kaardal, K.C. is a senior litigator handling a wide range of commercial litigation for clients in the financial, mining, forestry, and manufacturing sectors. He has conducted hearings before all levels of court in Canada, including the Supreme Court of British Columbia, the BC Court of Appeal and the Supreme Court of Canada. He also regularly appears before various administrative tribunals including the B.C. Securities Commission, the Federal and Provincial Human Rights Tribunals, and the Environmental Appeal Tribunal. In addition, Mr. Kaardal maintains a labour and employment practice representing both employers and employees on employment, labour and pension issues. In this capacity he has appeared in numerous arbitration hearings and in proceedings before both the federal and provincial labour relations boards and the superior courts.

Mr. Kaardal is recognized in The Canadian Legal Lexpert Directory as one of the leading lawyers in Canada. He is recognized in The Best Lawyers in Canada and has previously been identified in the London-based Chambers Global Guide as one of British Columbia's leading employment counsel. He served as a law clerk to the Honourable Beverley McLachlin, then Justice of the British Columbia Court of Appeal, and the Honourable Henry Hutcheon from 1986 to 1987.

Publications

Co-author, "The Gig Economy: Dependent Contractors, Workers’ Rights, and the Canadian Approach", paper presented at the American Bar Association’s Midwinter Meeting of the Employment Rights and Responsibilities Committee, March 2018

Navigating the Issue of Retirement with the Abolition of the Mandatory Retirement Age, paper presented at Insight's "11th Edition Western Labour and Employee Relations Forum", January 2015

A British Columbia Perspective on the participation of the Tribunal, Issues of Fairness and the Contents of the Record on Judicial Review Proceedings, paper presented at CBA's "Administrative Law, Labour and Employment Law Conference", November 29, 2014

The Impact of Honda v. Keays on Labour Arbitration, paper presented at Insight's "6th Annual Western Canada Labour Relations Conference", January, 2011

Managing & Accommodating Employees With Disabilities: When is Enough Enough?, paper presented at the Federated Press' "Managing Employees Disabilities", April 2009

Employment Class Actions: An Update, presented a paper at the Pacific Business & Law Institute's "Employment Law: Staying Current in Critical Times", June 2009

"Supreme Court of Canada Creates Constitutional Right to Collective Bargaining", Employment and Labour Law Report, Vol. 17, No. 4, July 2007

"Accidental Termination Costs in B.C. Seniors Home $700,000.00", Canadian HR Reports, December 18, 2006

"Forced Listening: British Columbia’s New Unfair Labour Practice", Employment and Labour Law Reporter, Vol. 15, No. 6, September 2005

"British Columbia Court Re-Establishes Employee Mitigation Rules Upon Sale of a Business", Employment and Labour Law Reporter, Vol. 15, No. 3, June 2005

"The Criminalization of Workplace Safety: Addressing Personal and Corporate Liability Following Bill C-45", paper presented at Insight Information Co.’s Mining Forum, April 14 - 15, 2005 (co-author)

"Taku River Tlingit First Nations v. British Columbia (Project Assessment Director), 2004 SCC 74 and The Duty to Accommodate", The Haida and Taku River Decisions", Continuing Legal Education (CLE) of B.C., Hyatt Regency, Vancouver, B.C., February 3, 2005

"Haida and Taku River Decisions – A Modest Proposal", Improving BC Land Access & Community Consultation", Canadian Institute, Fairmont Hotel, Vancouver, B.C., November 25-26, 2004

Work Highlights

Interfor Corporation v. Mackenzie Sawmill Ltd., 2022 BCCA 228 (with Maryanna Dinh and Julia Roos): successfully defended an appeal involving the operation of a force majeure clause and the doctrine of frustration in a breach of contract case.

In his role as counsel, Mr. Kaardal has been lead counsel in many cases that have set important precedents or have attracted significant public interest:

Kerfoot v. Richter, 2018 BCCA 238 (with Julia Roos): successfully brought an appeal concerning the presumption of undue influence under s. 52 of the Wills, Estates and Succession Act and the test for converting a petition to an action.

Butterfield (Re), 2017 LSBC 02 – successfully represented the Law Society of British Columbia in a matter involving a conditional admission of professional misconduct by a lawyer for sexually harassing two employees. This is the first instance the Law Society of British Columbia has disciplined a lawyer for sexual harassment as professional misconduct

Education

University of British Columbia

LL.B.

1986

University of British Columbia

B.A.

1983

Chambers Review

Provided by Chambers

Canada

Litigation: General Commercial - British Columbia
4
Band 4

Randal Kaardal KC focuses his practice on disputes before the Supreme Court and Court of Appeal of British Columbia, including advising on contractual litigation and liability disputes. He is noted for his activity in the financial services and natural resources sectors.
"He is very good at keeping us focused and identifying the issues that could be faced by possible decisions."

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