Background

Scott Kerwin is a litigation partner practicing in our Vancouver office. He is a graduate of Osgoode Hall Law School with a Bachelor of Laws in 1999. After serving as a judicial law clerk to the British Columbia Court of Appeal (1999-2000), Scott was admitted to the British Columbia Bar in 2001.

Areas of Practice

• Trusts, Estates and Incapacity Dispute Resolution
• Aboriginal Law
• Insurance and Tort law, including product liability claims
• Civil Litigation

Trusts, Estates and Incapacity

• Scott has extensive experience in disputes relating to trusts, estates, and incapacity.  He is a member of BLG’s Wealth Management Group and Estate Litigation Group.
• Scott’s litigation practice involves probate actions (litigation concerning the validity of wills), claims under the Wills Variation Act, restitution claims against estates, applications concerning the administration of estates, including the removal and replacement of executors, variations of trusts pursuant to the Trust and Settlement Variation Act, and applications to the Court for the interpretation or rectification of wills.
• Scott is a co-author, along with Gary J. Wilson, of three chapters in the British Columbia Probate & Estate Administration Practice Manual published by CLE, concerning executor’s accounts, compensation claims by executors and administrators, and solicitor’s fees.  He advises executors and trustees about their duties to account to beneficiaries, and has represented both executors and beneficiaries in Supreme Court proceedings concerning estate and trust accounts.
• Scott represents clients in proceedings under the Patients Property Act and the Adult Guardianship Act concerning vulnerable adults.
• Scott provides strategic advice to banks, credit unions and other financial institutions about mental capacity and elder law issues, including the validity and scope of enduring powers of attorney, representation agreements, and committeeship orders.

Aboriginal Law

• Scott is a member of BLG’s Aboriginal Law Group and Public Law Group.
• Scott’s primary focus in the Aboriginal law field concerns the Crown’s duty to consult Aboriginal groups, and he provides advice to both government and industry about the obligations of all parties in the consultation process
• Scott provides advice to government and the private sector about aboriginal rights and federalism matters, and has represented clients in disputes concerning Aboriginal rights and environmental issues.  He was counsel in a Federal Court proceeding concerning the Fisheries Act: Chief Percy Williams v. The Minister of Fisheries and Oceans and Heritage Salmon Ltd., 2003 FCA 484, leave to appeal to Supreme Court of Canada dismissed, [2004] S.C.C.A. No. 55 (QL)
• Scott is a member of BLG’s Team North, providing advice to clients serving the Arctic regions of Canada

Product Liability and Tort Claims

• Scott represents clients in tort and insurance claims, including product liability matters.
• Scott was trial counsel for Bauer Hockey Corp. in More v. Bauer Nike Hockey Inc. (2010), 13 B.C.L.R. (5th) 61, 2010 BCSC 1395, a complex trial lasting three months concerning the design and manufacture of a hockey helmet.
• Scott represented BC Rail Ltd. in a claim under the Occupiers Liability Act concerning the issue of whether rural landowners are liable to persons trespassing upon their property for the purpose of a recreational activity: Skopnik v. BC Rail Ltd. (2008), 82 B.C.L.R. (4th) 313, 2008 BCCA 331
• Scott has successfully resolved many insurance and tort claims at mediation and other forms of alternative dispute resolution.

General Litigation

• Scott represents clients in regards to general commercial matters. He successfully represented British Airways PLC in regards to claims made under the Competition Act (Cimaco International Sales Inc. v. British Airways PLC, 2005 BCSC 1338) and was co-counsel in a significant decision concerning enforcement proceedings by the B.C. Securities Commission against a securities dealer: British Columbia Securities Commission v. Bapty (2006), 52 B.C.L.R. (4th) 372, 2006 BCSC 638.
• Scott has represented clients in disputes at the Provincial Court of British Columbia (Small Claims), the Office of the Information and Privacy Commissioner under the Freedom of Information and Protection of Privacy Act, and in international trade matters before the Canadian International Trade Tribunal.

Publications and Speaking Engagements

• “Upcoming Changes to the Law of Estates in British Columbia: 10 Things to Know”, presentation to the IFB Spring Summit (April 2011)
• “The End of the “Rule in Hastings-Bass”?” (March 2011), BLG Tax Bulletin
• Co-author of three chapters in the British Columbia Probate and Estate Administration Practice Manual : “Accounts” (Ch. 15), “Remuneration of Personal Representatives and Trustees” (Ch. 16), “Solicitors’ Remuneration” (Ch. 17) (CLE, 2011) (co-authored with Gary J. Wilson).
• “Probate Actions”, Estate Litigation Basics CLE, October 2010
• “A Case Comment on Richardson Estate v. Mew” (June 2010), Estates, Trusts and Pensions Quarterly, Vol. 29, pp. 206-212.
• “Offshore Trust Litigation”, for the PBLI conference Trusts: The Difficult Issues (May 2010) (co-authored with Gary J. Wilson)
• “Mental Incapacity, Powers of Attorney and More: Avoiding the Pitfalls”, presentation to the IFB Fall Summit (November 2009) (with Noel Z. Golden)
• "Expert Evidence and the Proposed Rules of Court ", BLG/ICBC Seminar (September 2008).
• "Duty to Consult Aboriginal Groups: 2007 Update", BLG Environmental Law Seminar (June 2007) (with David K. Camp)
• "Analysis of Platinex Inc. v. Kitchenuhmaykoosib Inninuwug First Nation" (August 2006), Mining Watch.
• "Duty to Consult Aboriginal Groups: Background and Sources", presentation to CBA Legal Research Section (February 2005).
• "The Arbitrability of IP Disputes" (December 2004), International Law Office Legal Newsletter (co-authored with Edward C. Chiasson, Q.C. and Gerald W. Ghikas, Q.C.).
• "Stare Decisis in the B.C. Supreme Court: Revisiting Hansard Spruce Mills" (July 2004) The Advocate, Vol. 62, pp. 541-565.
• "The Application of Causation and Mitigation Principles in Disability Insurance Claims" (Canadian Institute's 5th Annual Litigating Disability Insurance Claims, November 2003) (with Douglas R. Eyford).
• Guest lecturer at UBC, Faculty of Applied Science regarding the law of product liability (2005-2008).
• Contributor to the Borden Ladner Gervais Aboriginal Legal Issues e-Newsletter, a publication providing case summaries and updates on Aboriginal law in Canada and other common law jurisdictions.

Professional and Community Activities

• Member of the Canadian Bar Association (sections: Aboriginal Law; Wills and Trusts; Elder Law; Constitutional and Civil Liberties)
• Member of the Osgoode Society for Canadian Legal History
• Member of the Board of the St. James Community Service Society, a charity in Vancouver providing services to persons in need living in the Downtown Eastside (2007-2011).
• Member of the Advocates Club (2007-2010)
• Scott volunteers as a pro bono lawyer for the Western Canada Society to Access Justice.

PERSONAL 

• Scott studied modern Chinese, Tibetan, and British Columbian history at the University of Calgary and the University of British Columbia, as well as Mandarin Chinese. He received his B.A. (Hons) from UBC in 1994 and an M.A. from UBC in 1996.
• Scott has published works in BC Studies and the Dictionary of Canadian Biography.
• Scott grew up in North Surrey, and now resides in the village of Fort Langley with his young family