Robert Dawkins

Robert Dawkins  

Partner

Executive Summary

Robert Dawkins is a partner in our Vancouver office. Rob has a commercial litigation practice and acts in a broad range of matters, including banking litigation, fraud recovery litigation, creditors' remedies, commercial lease disputes, shareholder disputes, contract and sale-of-goods disputes, and intellectual property/anti-piracy litigation.  Rob has extensive experience obtaining and enforcing pre-trial injunction remedies, including Anton Piller Orders (civil search orders) and Mareva Injunctions (asset-freezing orders). 

Rob also has an active solicitor's practice, drafting standard form banking contracts and AML compliance policies, and has conducted class action and litigation risk reviews of standard form agreements.  Rob provides regular operational, legal compliance and litigation risk-management advice to his clients to proactively manage and minimize risk in their day-to-day operations.

Rob acts for a variety of clients, ranging from institutions to individuals, and in a broad range of matters.  His fraud practice ranges from large-scale Ponzi scheme class action litigation to smaller-scale employee fraud matters.  Rob has acted in securities litigation ranging from hearings before the BC Securities Commission in hostile take-over bids to oppression remedy cases involving small, closely held private companies.  Rob's litigation and risk-management clients include banks, credit unions, large and small commercial landlords and property managers, public and private companies, and individual business owners.

Representative Work

  • Acted for financial institutions, fidelity insurers and business owners in fraud litigation and investigations, and in designing and implementing commercial fraud recovery plans.  Rob also acts for clients defending claims of third party and vicarious liability for fraud.
  • Acted for financial institutions in negligence, misrepresentation, breach of contract, breach of fiduciary duty, and Bills of Exchange Act disputes.
  • Advises financial institutions on risk management and operational risk issues, including design and review of anti-money-laundering compliance regimes, account-operating agreements, duties of confidentiality, and responding to third-party claims on customer funds (e.g., constructive trust claims, Mareva Injunctions, garnishing orders, seizures, and CRA requirements to pay).
  • Acted in commercial disputes, including contract disputes, shareholder remedies litigation and oppression claims, termination of agency relationships, and matters before the BC Securities Commission.
  • Assists clients in pre-litigation risk management, including advising boards of directors with respect to fiduciary obligations and conducting litigation risk audits of standard form contracts.
  • Acted for commercial landlords in lease disputes, including termination, drafting surrender of lease documentation, and distraint proceedings.

Rankings & Recognitions

  • Recognized in the 2014 and 2013 editions of Benchmark Canada– The Definitive Guide to Canada’s Leading Litigation Firms & Attorneys.

Publications & Presentations

  • ​Regularly publishes papers and has presented at industry seminars in areas of practice, including courses convened by the Continuing Legal Education Society of British Columbia (CLE BC), the Canadian Institute, Federated Press, and professional associations, including the International Association of Financial Crimes Investigators (IAFCI). Rob also provides Anti-Money-Laundering Compliance Seminars to staff of financial institution clients.
  • Co-Chair and presenter, CLE BC Creditors' Remedies Seminar, 2010, 2012, and 2014.
  • Author, “Important New Decision Clarifies Claims Against Financial Institutions and Defences Under the Personal Property Security Act,” National Creditor Debtor Review, March 2014 (with Ross McGowan and Brad Dixon).
  • Presenter, "Payment Fraud & Ponzi Schemes: The Evolution of Fraud," BC Securities Commission, October 2012.
  • Presenter, "Ponzi Schemes: A Primer on Identifying, Investigating and Mitigating Loss — Getting to the Truth," IAFCI Western Regional Conference, September 2012.
  • Presenter, "Eyes Wide Shut: Rights, Remedies, Risks and Mortgage Fraud," Mortgage Brokers Association of British Columbia's 10th Annual Conference and Trade Show, May 2012.
  • Presenter, "Commercial Leasing Law: The Good, the Bad, and What to Do When Things Get Ugly," November 2011.
  • Presenter, "Fraud in the Public Sector: How to See a Forest Through the Trees," IAFCI Western Regional Conference, October 2011.
  • Presenter, "Commercial Leasing: Arbitration & Remedies," CLE BC, May 2011.
  • Author, "Employee Fraud: Boost Your Bottom Dollar by Banning the 'F' Word," Western Canada Construction Magazine, Sept/Oct 2011 and republished at GrossmanCGA.com, December 2012 (with Krista Johanson).
  • Presenter, "Internal Investigations in Support of Fraud Recovery Litigation," Canadian Institute Seminar, June 2009.