Rob is the National Leader of the Firm's Arbitration Group. He is also an elected member of the Firm’s Partnership Board (2013-2020, and 2022-present) and Chair of the International Committee.
Rob is recognized nationally and internationally as a leading counsel in commercial litigation, international and domestic commercial arbitration, and intellectual property litigation, among other areas.
As litigation counsel, Rob has litigated complex cases throughout Canada and at all levels of Court, including to the Supreme Court of Canada, in diverse areas including contractual disputes; arbitration-related litigation including appeals, set-aside applications and enforcement applications; mining disputes; construction and infrastructure disputes; life sciences and other intellectual property disputes; consumer class actions; sponsorship and advertising disputes; shareholder disputes; securities regulation; information and privacy law; and administrative law.
As arbitration counsel, Rob has appeared in significant arbitration proceedings in North America, Asia and Europe, under almost all major institutional sets of rules, in a wide array of industry sectors including construction and infrastructure, manufacturing, technology, distribution, pharmaceuticals, energy, and mining as well as investor-State disputes.
As arbitrator, Rob has either chaired or been sole arbitrator in international and domestic proceedings involving parties throughout the world engaged in disputes arising in, among others, the real estate development, distribution, intellectual property licensing and resource sectors.
Rob graduated as the Law Society of British Columbia Gold Medalist in 1998, from the University of Victoria’s Faculty of Law. After graduating, Rob served as a Law Clerk to the Honourable Madam Justice Beverley McLachlin of the Supreme Court of Canada (subsequently the Rt. Honourable Beverley McLachlin, P.C., Chief Justice of Canada) in 1998-1999.
Arbitration and Arbitration-Related Litigation Experience
- Rob’s practice has provided him with opportunities to work with most major sets of institutional rules in the world, including LCIA, ICSID (Additional Facility), ICC, UNCITRAL, HKIAC, ICDR, SCC, VIAC, and the ADR Institute of Canada, among others.
- Rob has also represented the States in NAFTA Chapter Eleven arbitral proceedings and related court proceedings before the Supreme Court of British Columbia, the Ontario Superior Court of Justice, the Court of Appeal for Ontario and the Supreme Court of Canada (Metalclad Corp. v. United Mexican States; Feldman v. United Mexican States; Bayview Irrigation District v. United Mexican States; Corn Products International Inc. v. United Mexican States; Cargill Inc. v. United Mexican States, B-Mex v. United Mexican States).
- Rob also appeared for States in Waste Management Inc. v. United Mexican States, and has provided advice on numerous other NAFTA Chapter Eleven and other investment treaty arbitral proceedings.
- Representative commercial arbitration matters on which Rob has been counsel include:
- Counsel to a commercial sponsor in a dispute with a professional sports team (ad hoc).
- Counsel to a Canadian biopharmaceutical developer in a royalty dispute (VanIAC).
- Counsel to a resource company in a joint venture dispute arising in relation to a major mine in an Asian state (UNCITRAL).
- Counsel to a major real estate development company in a dispute relating to the assignment of density in respect of a significant office tower project (VanIAC).
- Counsel to a Provincial health authority in a dispute relating to the supply of personal protective equipment in the context of the COVID-19 pandemic (VanIAC).
- Counsel to a law firm in a dispute among the members of a counsel consortium (ICDR Canada).
- Counsel to a Canadian-based electricity utility in a dispute concerning liability for and quantification of a termination payment under a long term power purchase and sale agreement consequent upon the Enron bankruptcies (AAA).
- Counsel to a Provincial Crown Corporation in a series of construction-related claims arising from a major public infrastructure project (VanIAC).
- Counsel in multiple claims arising from declarations of force majeure arising from the COVID-19 pandemic in the hydroelectric energy sector (VanIAC).
- Counsel to an energy purchaser in a dispute relating to the construction of a run-of-river hydroelectric project (VanIAC).
- Counsel to a Mexican beverage supply franchisee in a dispute with a Canadian franchisor (UNCITRAL).
- Counsel to a Canadian technology company in a dispute with an Asian mobile phone supplier (HKIAC).
- Counsel to a Canadian metal refining company in an investor-State dispute with an Asian state (UNCITRAL).
- Counsel to a Provincial Crown Corporation in a dispute with a sports team relating to sponsorship rights (BCICAC).
- Counsel to an Icelandic power producer in a series of disputes with an American-owned Icelandic aluminum smelter operator concerning a 25 year contract with an estimated value of between US$1 billion and US$3 billion (SCC).
- Counsel to a Canadian airline in a dispute with its former CEO (BCICAC).
- Counsel to one of the parties in the dissolution of a law firm partnership (BCICAC).
- Counsel to a Canadian biopharmaceutical developer in a dispute with a Canadian licensor (BCICAC).
- Counsel to a Canadian partner in a dispute with an American partnership relating to a large casino project (BCICAC).
- Counsel to a United States supplier of large aircraft landing gear systems in a dispute with a Canadian sub-supplier (ICC).
- Counsel to a Canadian pharmaceutical company in a dispute with a South Korean company arising out of a license and revenue sharing contract (ICC).
- Counsel to a Canadian software development company in a dispute with American licensees arising out of a license and development contract (BCICAC).
- Counsel to a British Columbia energy utility in a dispute with a contractor in relation to a major infrastructure project (BCICAC).
- Counsel to a British Columbia energy utility in a dispute with a major forestry company under a clean energy purchase agreement (BCICAC).
- Counsel to a major North American forestry company in a series of arbitrations relating to a revenue-sharing agreement with its primary forestry services-provider (BCICAC).
- Counsel to a Canadian heavy equipment supplier in in a dispute with a Texas distributor (ICDR).
- Counsel to a major British Columbia insurer in a series of disputes with brokers (BCICAC).
- Counsel for an Alberta energy utility in a dispute concerning representations and warranties given by the vendors of two run-of-river power plants in British Columbia (ADR Institute of Canada).
- Rob is also regularly appointed to act as arbitrator. Recent cases include:
- Sole arbitrator of a dispute arising from a mining transaction between a Canadian company and an Australian company (VanIAC).
- President of a tribunal hearing a dispute arising in connection with a purchase and sale transaction in the energy sector (ADRIC).
- Sole arbitrator of a dispute arising from a shotgun clause in a shareholders agreement in the private education institutional sector (VanIAC).
- Sole arbitrator in a dispute arising from a joint development agreement in the real estate sector (Vania).
- Sole arbitrator of a dispute arising under a share purchase agreement in the military and law enforcement supply sector (ad hoc).
- Sole arbitrator of a dispute arising from a purchase and sale agreement in the clean energy sector (VanIAC).
- Sole arbitrator of a dispute in the real estate development sector (VanIAC).
- Sole arbitrator of a dispute between Australian and American parties regarding a patent assignment agreement (ICC).
- President of a tribunal hearing a dispute among Irish, French, and American parties arising in the pharmaceutical distribution industry (ICC).
- Sole arbitrator hearing a dispute between the seller and purchaser of an oil services business, in relation to a working capital adjustment (CAA).
- Rob’s practice has provided him with opportunities to work with most major sets of institutional rules in the world, including LCIA, ICSID (Additional Facility), ICC, UNCITRAL, HKIAC, ICDR, SCC, VIAC, and the ADR Institute of Canada, among others.
- Rob has also represented the States in NAFTA Chapter Eleven arbitral proceedings and related court proceedings before the Supreme Court of British Columbia, the Ontario Superior Court of Justice, the Court of Appeal for Ontario and the Supreme Court of Canada (Metalclad Corp. v. United Mexican States; Feldman v. United Mexican States; Bayview Irrigation District v. United Mexican States; Corn Products International Inc. v. United Mexican States; Cargill Inc. v. United Mexican States, B-Mex v. United Mexican States).
- Rob also appeared for States in Waste Management Inc. v. United Mexican States, and has provided advice on numerous other NAFTA Chapter Eleven and other investment treaty arbitral proceedings.
- Representative commercial arbitration matters on which Rob has been counsel include:
- Counsel to a commercial sponsor in a dispute with a professional sports team (ad hoc).
- Counsel to a Canadian biopharmaceutical developer in a royalty dispute (VanIAC).
- Counsel to a resource company in a joint venture dispute arising in relation to a major mine in an Asian state (UNCITRAL).
- Counsel to a major real estate development company in a dispute relating to the assignment of density in respect of a significant office tower project (VanIAC).
- Counsel to a Provincial health authority in a dispute relating to the supply of personal protective equipment in the context of the COVID-19 pandemic (VanIAC).
- Counsel to a law firm in a dispute among the members of a counsel consortium (ICDR Canada).
- Counsel to a Canadian-based electricity utility in a dispute concerning liability for and quantification of a termination payment under a long term power purchase and sale agreement consequent upon the Enron bankruptcies (AAA).
- Counsel to a Provincial Crown Corporation in a series of construction-related claims arising from a major public infrastructure project (VanIAC).
- Counsel in multiple claims arising from declarations of force majeure arising from the COVID-19 pandemic in the hydroelectric energy sector (VanIAC).
- Counsel to an energy purchaser in a dispute relating to the construction of a run-of-river hydroelectric project (VanIAC).
- Counsel to a Mexican beverage supply franchisee in a dispute with a Canadian franchisor (UNCITRAL).
- Counsel to a Canadian technology company in a dispute with an Asian mobile phone supplier (HKIAC).
- Counsel to a Canadian metal refining company in an investor-State dispute with an Asian state (UNCITRAL).
- Counsel to a Provincial Crown Corporation in a dispute with a sports team relating to sponsorship rights (BCICAC).
- Counsel to an Icelandic power producer in a series of disputes with an American-owned Icelandic aluminum smelter operator concerning a 25 year contract with an estimated value of between US$1 billion and US$3 billion (SCC).
- Counsel to a Canadian airline in a dispute with its former CEO (BCICAC).
- Counsel to one of the parties in the dissolution of a law firm partnership (BCICAC).
- Counsel to a Canadian biopharmaceutical developer in a dispute with a Canadian licensor (BCICAC).
- Counsel to a Canadian partner in a dispute with an American partnership relating to a large casino project (BCICAC).
- Counsel to a United States supplier of large aircraft landing gear systems in a dispute with a Canadian sub-supplier (ICC).
- Counsel to a Canadian pharmaceutical company in a dispute with a South Korean company arising out of a license and revenue sharing contract (ICC).
- Counsel to a Canadian software development company in a dispute with American licensees arising out of a license and development contract (BCICAC).
- Counsel to a British Columbia energy utility in a dispute with a contractor in relation to a major infrastructure project (BCICAC).
- Counsel to a British Columbia energy utility in a dispute with a major forestry company under a clean energy purchase agreement (BCICAC).
- Counsel to a major North American forestry company in a series of arbitrations relating to a revenue-sharing agreement with its primary forestry services-provider (BCICAC).
- Counsel to a Canadian heavy equipment supplier in in a dispute with a Texas distributor (ICDR).
- Counsel to a major British Columbia insurer in a series of disputes with brokers (BCICAC).
- Counsel for an Alberta energy utility in a dispute concerning representations and warranties given by the vendors of two run-of-river power plants in British Columbia (ADR Institute of Canada).
- Rob is also regularly appointed to act as arbitrator. Recent cases include:
- Sole arbitrator of a dispute arising from a mining transaction between a Canadian company and an Australian company (VanIAC).
- President of a tribunal hearing a dispute arising in connection with a purchase and sale transaction in the energy sector (ADRIC).
- Sole arbitrator of a dispute arising from a shotgun clause in a shareholders agreement in the private education institutional sector (VanIAC).
- Sole arbitrator in a dispute arising from a joint development agreement in the real estate sector (Vania).
- Sole arbitrator of a dispute arising under a share purchase agreement in the military and law enforcement supply sector (ad hoc).
- Sole arbitrator of a dispute arising from a purchase and sale agreement in the clean energy sector (VanIAC).
- Sole arbitrator of a dispute in the real estate development sector (VanIAC).
- Sole arbitrator of a dispute between Australian and American parties regarding a patent assignment agreement (ICC).
- President of a tribunal hearing a dispute among Irish, French, and American parties arising in the pharmaceutical distribution industry (ICC).
- Sole arbitrator hearing a dispute between the seller and purchaser of an oil services business, in relation to a working capital adjustment (CAA).
Litigation Matters
- Rob is a leading litigation counsel in British Columbia, and across Canada. A few of the many cases on which he has been counsel include the following:
- Pirani v. Pirani – counsel to the successful appellants in an appeal from a judgment holding them liable for breach of trust in the administration and reorganization of a series of family trusts, created in connection with a significant family hotel and resort business. Selected as a “National Impact Case of the Year” by Benchmark Canada.
- Morabito v. British Columbia (Securities Commission) – counsel to the appellant in a case establishing the burden of proof on a party seeking to set aside an investigation order under the Securities Act.
- Bollhorn v. Lakehouse Custom Homes Ltd. – counsel to the Vancouver International Arbitration Centre, as intervener, in an appeal raising issues concerning VanIAC’s Expedited Arbitration Rules.
- Clemina Hydro Power Limited Partnership v. British Columbia Hydro and Power Authority – counsel to the successful respondent on an application for leave to appeal from an arbitration award issued by the Honourable Ian Binnie.
- Surespan Structures Ltd. v. Lloyds Underwriters – counsel to a successful contractor in obtaining a declaration that no policy limit applied to mitigation of loss coverage in a professional liability policy, in the context of a major public infrastructure project.
- Appleton & Associates v. Branch MacMaster LLP – counsel to a successful party in a challenge to an arbitrator’s costs award, in a case clarifying the Court’s role where arbitral error has been established.
- South Coast British Columbia Transportation Authority formerly known as Greater Vancouver Transportation Authority dba TransLink, et al. v. BMT Fleet Technology Ltd., et al. – counsel to a successful party in a jurisdictional challenge arising in a commercial arbitration arising from a public transportation project.
- Fortinet Technologies (Canada) ULC v. Bell Canada – counsel to the successful appellant in parallel litigation to a commercial arbitration in the telecommunications infrastructure sector.
- Centura Building Systems (2013) Ltd. v. 601 Main Partnership – counsel to the successful appellant in a significant case concerning the law of builders’ liens.
- Re Hecla Mining Company – counsel to the successful target in the first contested take-over bid proceedings heard jointly by the British Columbia Securities Commission and the Ontario Securities Commission.
- Acuitas Therapeutics Inc. v. Arbutus Biopharma Corporation – counsel to a successful applicant for an interlocutory injunction in a patent licensing dispute.
- British Columbia Hydro and Power Authority v. British Columbia (Information and Privacy Commissioner) – counsel to a public body in judicial review proceedings.
- Drover v BCE Inc. - counsel to a defendant in a successful application to dismiss a putative consumer class action.
- Weyerhaeuser Company Limited v. Hayes Forest Services Limited – counsel to the successful respondent in a contract dispute in the forestry sector.
- Bell Mobility Inc. v. TELUS Communications Company – counsel in a series of advertising disputes, including claims for injunctive relief, in the telecommunications sector.
- BCE Inc. v Gillis – counsel to a successful defendant in proceedings brought to challenge a putative consumer class action as an abuse of process.
- Nordural Helguvik ehf v. Alterra Power Corp. – counsel in a contract dispute related to an international arbitration.
- Garford Pty Ltd. v. Dywidag Systems International, Canada, Ltd. – counsel to a successful party in patent licensing litigation.
- Powerex Corp. v. Alcan Inc. – counsel to a party to proceedings arising from an international arbitration award in the energy sector.
- Wires Jolley LLP v. Wong – counsel to the successful petitioner for enforcement of an international arbitration award in the services sector.
- Reference re: Criminal Code of Canada (B.C.) – pro bono counsel to an intervener in a constitutional reference case.
- Rob is a leading litigation counsel in British Columbia, and across Canada. A few of the many cases on which he has been counsel include the following:
- Pirani v. Pirani – counsel to the successful appellants in an appeal from a judgment holding them liable for breach of trust in the administration and reorganization of a series of family trusts, created in connection with a significant family hotel and resort business. Selected as a “National Impact Case of the Year” by Benchmark Canada.
- Morabito v. British Columbia (Securities Commission) – counsel to the appellant in a case establishing the burden of proof on a party seeking to set aside an investigation order under the Securities Act.
- Bollhorn v. Lakehouse Custom Homes Ltd. – counsel to the Vancouver International Arbitration Centre, as intervener, in an appeal raising issues concerning VanIAC’s Expedited Arbitration Rules.
- Clemina Hydro Power Limited Partnership v. British Columbia Hydro and Power Authority – counsel to the successful respondent on an application for leave to appeal from an arbitration award issued by the Honourable Ian Binnie.
- Surespan Structures Ltd. v. Lloyds Underwriters – counsel to a successful contractor in obtaining a declaration that no policy limit applied to mitigation of loss coverage in a professional liability policy, in the context of a major public infrastructure project.
- Appleton & Associates v. Branch MacMaster LLP – counsel to a successful party in a challenge to an arbitrator’s costs award, in a case clarifying the Court’s role where arbitral error has been established.
- South Coast British Columbia Transportation Authority formerly known as Greater Vancouver Transportation Authority dba TransLink, et al. v. BMT Fleet Technology Ltd., et al. – counsel to a successful party in a jurisdictional challenge arising in a commercial arbitration arising from a public transportation project.
- Fortinet Technologies (Canada) ULC v. Bell Canada – counsel to the successful appellant in parallel litigation to a commercial arbitration in the telecommunications infrastructure sector.
- Centura Building Systems (2013) Ltd. v. 601 Main Partnership – counsel to the successful appellant in a significant case concerning the law of builders’ liens.
- Re Hecla Mining Company – counsel to the successful target in the first contested take-over bid proceedings heard jointly by the British Columbia Securities Commission and the Ontario Securities Commission.
- Acuitas Therapeutics Inc. v. Arbutus Biopharma Corporation – counsel to a successful applicant for an interlocutory injunction in a patent licensing dispute.
- British Columbia Hydro and Power Authority v. British Columbia (Information and Privacy Commissioner) – counsel to a public body in judicial review proceedings.
- Drover v BCE Inc. - counsel to a defendant in a successful application to dismiss a putative consumer class action.
- Weyerhaeuser Company Limited v. Hayes Forest Services Limited – counsel to the successful respondent in a contract dispute in the forestry sector.
- Bell Mobility Inc. v. TELUS Communications Company – counsel in a series of advertising disputes, including claims for injunctive relief, in the telecommunications sector.
- BCE Inc. v Gillis – counsel to a successful defendant in proceedings brought to challenge a putative consumer class action as an abuse of process.
- Nordural Helguvik ehf v. Alterra Power Corp. – counsel in a contract dispute related to an international arbitration.
- Garford Pty Ltd. v. Dywidag Systems International, Canada, Ltd. – counsel to a successful party in patent licensing litigation.
- Powerex Corp. v. Alcan Inc. – counsel to a party to proceedings arising from an international arbitration award in the energy sector.
- Wires Jolley LLP v. Wong – counsel to the successful petitioner for enforcement of an international arbitration award in the services sector.
- Reference re: Criminal Code of Canada (B.C.) – pro bono counsel to an intervener in a constitutional reference case.
