Jake Cabott

Associé

Vancouver
[email protected]
604.632.3546

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Jake is a litigation lawyer with a focus on business disputes. He represents companies and individuals in complex commercial litigation and arbitration matters.

Jake defends class actions and acts in contract and property disputes, shareholder and company disputes (including commercial fraud and oppression claims), life sciences and other intellectual property disputes, partnership disputes, defamation claims, and product liability actions. He has appeared as counsel at all levels of court in British Columbia, the Saskatchewan Court of Queen's Bench, the Supreme Court of Yukon, and the Supreme Court of Canada. He also regularly acts as counsel in commercial arbitrations.

Jake is a strategic, mindful, and persuasive advocate. He recognizes the importance of understanding and achieving a client's business objectives.

Jake regularly writes and presents on legal subjects, including class actions, injunctions, exclusion of liability, sport law and advocacy.

Prior to studying law, Jake played volleyball for five seasons with the UBC Thunderbirds and four seasons professionally in Europe and Southeast Asia. He remains active in the sport community. He represents athletes and associations in sport arbitrations, advises sport organizations on governance issues, volunteers on boards and coaches.

Jake grew up in Whitehorse and is proudly licensed to practice law in the Yukon in addition to British Columbia.

Experience

  • Acting for a mining company and an executive in a defamation action against the Government of Yukon and its Chief Mine Engineer. The plaintiffs allege they were publicly slandered during an industry conference. Successfully opposed an application to dismiss the action pursuant the Protection of Public Participation Act:Lee-Sheriff v Christman, 2022 BCSC 1914

  • Successfully acted for a client in obtaining an arbitration award in a contract dispute. Commercial Arbitration, August 2022.

  • Successfully acted for Shoppers Drug Mart Inc. in an action to recover amounts owed by a former Associate in connection with the termination of a franchise agreement:Shoppers Drug Mart Inc. v Mang, 2022 BCSC 199

  • Defended Tangerine Bank in a defamation action. Successfully brought an application to dismiss the action:Martin v Tangerine Bank, 2021 BCSC 2545

  • Successfully opposed an injunction application on behalf of a liquor agent in an agency dispute:Brown-Forman Corporation v Charton-Hobbs Inc., 2021 BCSC 2610

  • Acting for Loblaw Companies Limited (and related corporate entities) in proposed class actions involving price-fixing allegations in respect of wholesale and retail sales of fresh commercial bread.
  • Acting for defendants in proposed class actions involving price-fixing allegations in respect of sales of auto parts.
  • Acting for a leading pharma manufacturer in a proposed class action brought by the government of British Columbia against manufacturers, distributors and retailers of opioid pain medications.
  • Successfully acted for BLG's client, PCL Construction Management Inc., on an application for partial summary judgment. Pavement Scientific International Inc. v Saskatoon (City), 2019 SKQB 254.
  • Successfully acted for a client in obtaining an arbitration award in a contract dispute. Commercial Arbitration, August 2019.
  • Successfully acted for BLG's client, Kumon Canada Inc., in obtaining a dismissal of an action launched by a former franchisee at summary trial.
  • Successfully obtained an injunction for a preservation order over disputed partnership funds. Neural Capital GP, LLC v 1156062 BC Ltd., 2019 BCSC 478, leave to appeal refused 2019 BCCA 258.
  • Successfully obtained an order on a summary judgment application permitting BLG's client, Copytrack Pte Ltd., to trace and recover cryptocurrency it mistakenly transferred to an individual in British Columbia. Copytrack Pte Ltd. v Wall, 2018 BCSC 1709.
  • Successfully acted for a commercial helicopter operator in an injunction application involving a dispute over rights to certain facilities at the Whistler Municipal Heliport. Spearhead Aviation Ltd. v Whistler Heliport Society, 2018 BCSC 1762.
  • Successfully obtained an injunction to evict a tenant from a commercial strata unit.
  • Successfully represented defendant in obtaining dismissal of an action involving a dispute over a failed real estate transaction involving 1,350 acres of recreational development property. Canadian Star Development Corp. v 0712276 B.C. Ltd., 2018 BCSC 871.
  • Successfully represented defendants in an appeal involving allegations of reviewable transactions under s. 100 of the Bankruptcy and Insolvency Act (now repealed). Randen v. HPCB-Online Ltd., 2018 BCCA 123.
  • Successfully represented defendant in obtaining dismissal of an action involving a financing dispute. Kovacevic Consult Inc. v. Coastal Contacts Inc., 2017 BCSC 321.
  • Counsel to a defendant in contesting certification of a class action brought on behalf of temporary foreign workers.
  • Counsel to a defendant in contesting certification of a product liability class action involving allegations related to the manufacturing and marketing of gas fireplaces.
  • Successfully resisted pre-certification document production. Cantlie v. Canadian Heating Products Inc., 2014 BCSC 228.
  • Successfully represented client in obtaining an arbitration award in a $16 million contract dispute. Domestic Commercial Arbitration, December 2015.
  • Successfully defended client against claims of breach of privacy, negligence, and breach of contract. Albayate v. Bank of Montreal, 2015 BCSC 695.
  • Counsel to a defendant in successfully defeating a consumer class action against Canada's largest cellular telephone companies. Ileman v. TELUS Communications Inc. and others, 2014 BCSC 1002, affirmed 2015 BCCA 260.
  • Counsel on successful application for consolidation of nine defamation actions. Funk v. Harder, 2015 BCSC 2152.
  • Successful defence of a commercial strata petition proceeding. Legend Holding Group Ltd. v. Chen, 2014 BCSC 1064.
  • Counsel to the plaintiff in successfully dismissing a jurisdictional application for an order staying the proceeding pursuant to the doctrine of forum non conveniens. Wang v. Sun, 2014 BCSC 87.

Beyond Our Walls

Professional Involvement

  • Member, Law Society of British Columbia
  • Member, Law Society of Yukon
  • Member, Canadian Bar Association
  • Member, The Advocates' Society
  • Member, Vancouver Bar Association

Community Involvement

  • Volunteer, Access Pro Bono Court of Appeal Program
  • Volunteer, Pro Bono representation of athletes involved in sport arbitration
  • Board Member, Volleyball BC
  • Ad hoc instructor, Law Society of British Columbia's Professional Legal Training Course (PLTC)

Awards & Recognitions

  • Recognized in the 2024 edition of The Canadian Legal Lexpert Directory (Litigation - Corporate Commercial)

Bar Admission & Education

  • Territoire du Yukon, 2019
  • Colombie-Britannique, 2013
  • JD, Université de la Colombie-Britannique, 2012
  • BA (Philosophy), Université de la Colombie-Britannique, 2005