Managing Partner

570 West Georgia Street, Suite 1100
Vancouver, BC, V6C 3P1

+1 604 343 3101

Litigation Star


Jurisdiction:

British Columbia

Practice area:

Arbitration
Class action


Barry Fraser is one of Vancouver’s leading litigators for commercial disputes. Mr. Fraser has enjoyed a forty plus year legal career; his practice includes disputes concerning real estate claims, professional negligence, breach of contract, corporate governance, shareholder oppression, fraud, trusts, insolvency and restructuring, receivership, securities litigation, and intellectual property. He has extensive experience with arbitrations, mediations, and other forms of alternative dispute resolution. 


Mr. Fraser is renowned for his industry knowledge, business acumen and ability to rapidly analyze complex disputes and provide commercially minded practical advice. Experienced as both a lawyer and a director of public companies, Mr. Fraser understands his clients’ business needs, resolves challenging and sensitive disputes, while minimizing disruption and risk to operations and threats to reputation. He has extensive experience representing clients at all levels of courts and tribunals. 


Mr. Fraser was an original member and first VP of the Trial Lawyers Association of BC and a founding member of the Advocates Society. He was Chairman of the Board of Timmins Gold Corporation (2005-2007). Over his career, Mr. Fraser has enjoyed outstanding results for his clients. 


Representative cases include:

  • The first cases in British Columbia based on principle that senior management employees could owe fiduciary obligations to their employer and could be held liable for starting a competing business and stealing a former employer’s accounts. 
  • Counsel on BC Court of Appeal decision in Mayer v. Mayer which considered limits on use of summary trial procedure and substantially extinguished the ability of judges to summarily assess special costs. Counsel on subsequent trial and successful in defeating a claim for an intergenerational trust and claim for contribution for a mortgage debt as between owners and covenantors.
  • Counsel on one of largest class action suits in province in 2021 - first secondary market liability claim in BC to proceed to a hearing for leave, and only secondary market liability proceeding involving unrelated issuers (Tietz v. Cryptobloc Technologies Corp.).
  • Successfully defended the directors of a public company in a shareholder oppression proceeding (see Bonner v. Axion Ventures Inc.).
  • Successfully established on appeal the authority of a committee to deal with a patient’s property in O’Hagan v. O’Hagan.
  • Representing an international roofing manufacturer re claims for accounting negligence and accounting fraud.
  • Defending claims of constructive trust and unjust enrichment arising from a complex, multi-generational family business.
  • Representing sellers and buyers in complex real estate disputes, including representing a seller before the BC Court of Appeal in a case that established the test for discharge of a Certificate of Pending Litigation.
  • Representing shareholders and directors in shareholder oppression and corporate governance disputes.
  • Representing employers and employees in cases concerning claims of breach of fiduciary duty and wrongful use of confidential information.

 

Updated March 2022