Seva Batkin has a broad range of dispute resolution experience for individuals, corporations, First Nations, and institutions. His practice focuses on commercial disputes, wills, estates, and trust litigation, and First Nations governance disputes. Mr. Batkin has appeared before all levels of courts and tribunals.
Mr. Batkin’s commercial disputes practice focuses on:
- Contractual disputes, arbitration, real estate transactions, asset and share purchases, and theft of confidential information and trade secrets
- Wills, trusts, estate disputes
- Corporate governance disputes
- Fraud, breach of fiduciary duty and breach of trust claims
- Enforcement of local and foreign judgments
- First Nations governance disputes
- Technology-focused disputes
- Trademark and copyright infringement
- Breach of restrictive covenants and unfair competition
Prior to practicing law, Mr. Batkin was a telecommunications/computer engineer with a focus on research & development and project management. After working with a global telecommunications firm, he studied law during which he earned several academic scholarships and operated a successful legal research business. Upon graduation, he clerked for the British Columbia Supreme Court.
Representative work includes:
- A British Columbia Court of Appeal decision clarifying the law of conspiracy and striking out an unfounded claim against his client (H.M.B. Holdings Limited v. Replay Resorts Inc., 2021 BCCA 142).
- Successfully defended a First Nation Band and its Councillors against litigation brought by a private entity to subvert the band’s democratic process (Narte v. Gladstone, 2021 FC 433)
- A BC Court of Appeal decision setting the law on implied waiver of privilege and successfully protecting his clients against disclosure of privileged communications (Soprema Inc. v. Wolridge Mahon LLP, 2016 BCCA 309).
- Established the standard for appeals from an arbitrator’s refusal to recuse himself on the basis of apprehension of bias or partiality.
- Upon litigation in several jurisdictions, obtained a substantial settlement for a client, which enforced payment of significant bequest to the client which the executors had refused to pay.
- In Re Pace Estate, ensured that a deceased’s wishes were upheld despite claims that his will was invalidated by his subsequent marriage, setting an important precedent in this area of wills and estates law. The dispute was subsequently successfully settled at a mediation with a great result for the estate.
- Achieved a successful and equitable outcome for clients in a longstanding land dispute and set new precedent for the doctrine of proprietary estoppel (Idle-O Apartments Inc. v. Charlyn Investments Ltd. – upheld on appeal. In a subsequent decision, obtained special costs for clients against the plaintiff who refused to comply with court orders.
Updated March 2022