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Brad Dixon

Associé

Vancouver
BDixon@blg.com
604.640.4111

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Brad is recognized nationally and in British Columbia as a leading counsel in class action defence and complex commercial litigation matters. Among other recognition, he has been named in 2020 by The Best Lawyers in Canada® as "Lawyer of the Year: Class Action Litigation – Vancouver" based on peer review.

Brad co-chairs the firm's Class Actions Group, providing strategic direction and co-ordination of the group across Canada. He has successfully defended numerous class actions against leading Canadian corporations and financial institutions, as well as multi-national corporations, achieving precedent-setting results. Brad has obtained dismissal of class actions before certification, obtained dismissal of certification applications and taken class actions to common issues trials.

Appearing in all levels of courts and acting as counsel in arbitrations, Brad has dealt with a broad range of disputes, including consumer and statutory claims, product liability and competition law claims. His experience includes litigation of commercial and constitutional or other public law issues.

Experience

  • Kirk v. Executive Flight Centre Fuel Services Ltd. et alBritish Columbia Court of Appeal, appeal taken from the certification of claims relating to a fuel spill into waterways; certification order set aside, potential common issues limited and remitted for reconsideration as to whether a class action is the preferable procedure.
  • Simsek v. United Airlines, Inc.(sub nom Ozturkler v. British Airways PLC), British Columbia Court of Appeal, successful defence of a certification application and appeal in a claim brought against British Airways PLC alleging that British Airways (and other airlines) had misrepresented fuel surcharges as taxes in their passenger ticketing practices.
  • Sekhon v. Royal Bank and others, defended The Bank of Nova Scotia in a consumer class action claim relating to sales of balance protection insurance. Certification application dismissed.
  • Tangerine Financial Products Limited Partnership v. The Reeves Family Trust, British Columbia Court of Appeal. Successful appeal on behalf of Scotiabank and Tangerine Bank, obtaining dismissal of an application to enjoin use of the name Tangerine Bank.
  • Watson v. Bank of America Corporation et al, British Columbia Court of Appeal. Represented Scotiabank on appeal from certification of class action. Judgment varied.
  • Marshall v. United Furniture Warehouse Limited Partnership, et al, British Columbia Court of Appeal. Defended a national retailer against a consumer class action. Certification application dismissed. Result affirmed on appeal. Leave to appeal to Supreme Court of Canada denied.
  • Koubi v Mazda Canada Inc. et al, British Columbia Court of Appeal. Defended a distributor and its authorized BC dealers against a consumer class action seeking disgorgement of profits based on waiver of tort. Successfully obtained reversal on appeal of certification; proceeding dismissed as disclosing no cause of action. Leave to appeal to Supreme Court of Canada denied.
  • Gary Jackson Holdings Ltd. v. Eden and others, British Columbia Supreme Court. Acted for lenders in successfully opposing certification of claim by investors in failed development company.
  • Chartrand v. General Motors Corporation, British Columbia Supreme Court. Dismissal of application for certification of a proposed class action.
  • CareVest Capital Inc. v. Chychrun and others, British Columbia Supreme Court. Obtained dismissal of negligence claims by pre-sale strata lot purchasers against project lender on developer’s failure to complete development of a subdivision; subsequently obtained dismissal of claims to priority interest by pre-sale purchasers). Please also see: http://www.courts.gov.bc.ca/Jdb-txt/SC/08/11/2008BCSC1138.htm.
  • Benning v. Volkswagen Canada, British Columbia Supreme Court. Obtained dismissal of application for certification of a proposed class action.
  • Dahl v. Royal Bank and others, Court of Appeal for British Columbia. Affirming pre-certification dismissal of a proposed class action.
  • Ernewein v. General Motors, Court of Appeal for British Columbia. Reversal of certification order, application for leave to appeal dismissed by Supreme Court of Canada.
  • Nanaimo Immigrant Settlement Society v. Province of British Columbia, Court of Appeal for British Columbia. Affirming dismissal of a class action on summary trial of common issues; application for leave to appeal dismissed by Supreme Court of Canada.

Beyond Our Walls

Professional Involvement

  • Member, The Law Society of British Columbia
  • Member, Canadian Bar Association, BC Branch, Civil Litigation and Class Action Subsections
  • Associate Member, American Bar Association, Civil Litigation Section and International Class Actions Subcommittee

Community Involvement

  • Past Chair, National Board of Directors of MADD Canada, Mothers Against Drunk Driving
  • Former Member, National Board of Directors of MADD Canada, Mothers Against Drunk Driving

Awards & Recognitions

  • Recognized in Chambers Canada — Canada's Leading Lawyers for Business (Dispute Resolution: British Columbia, Dispute Resolution: Class Action (Defence)).
  • Recognized in Chambers Global — The World’s Leading Lawyers for Business (Dispute Resolution — British Columbia, Dispute Resolution — Class Action (Defence)).
  • Recognized in the 2020 edition of The Best Lawyers in Canada® as "Lawyer of Year: Class Action Litigation — Vancouver". 
  • Recognized in the 2020 (and since 2006) edition of The Best Lawyers in Canada® (Class Action Litigation, Corporate Commercial Litigation, Product Liability).
  • Recognized in the 2020 edition (and since 2013) of Canadian Legal Lexpert® Directory (Class Actions).
  • Recognized in the 2020 (and since 2011) edition of Benchmark Canada — The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a "Local Litigation Star: British Columbia" and a "Litigation Star: Class Actions, Commercial, Product Liability, Dispute Resolution."

Bar Admission & Education

  • Colombie-Britannique, 1990
  • LLB, Université de la Colombie-Britannique, 1989
  • B.Comm., Université de la Colombie-Britannique, 1989