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Kyle Ferguson

Kyle Ferguson

Kyle maintains a broad civil litigation and administrative law practice.

Kyle has acted on a broad range of matters, including shareholder disputes, real estate and construction matters, creditor remedies, contractual disputes, intellectual property disputes, employee fraud and wrongful dismissal matters. Kyle has also acted as counsel on successful judicial reviews of licensing decisions and on professional regulatory matters.

Kyle joined the firm in 2014 after practicing in the Toronto office of a national law firm where his practice included trademark and patent disputes, and pharmaceutical regulatory matters. He has acted for clients before all levels of court in British Columbia, as well as the Federal Court and the Federal Court of Appeal.

 
  • '06
  • '11
  • '12
  • '14
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SIGNIFICANT CASES
  • Counsel for a developer on a trial successfully establishing the enforceability of contracts of purchase and sale, and the subsequent appeal upholding the trial decision:  Intergulf Investment Corporation v. 0954704 B.C. Ltd., 2017 BCSC 430, affirmed 2018 BCCA 337.
  • Co-counsel for a licensee in overturning the Liquor Control and Licensing Branch’s decision to cancel liquor licences on the basis that a shareholder of the company was ‘not fit and proper’: Cooper v. British Columbia (Liquor Control and Licensing Branch), 2017 BCCA 451.
  • Co-counsel for a concrete forming company in a lawsuit involving allegations of breaches of fiduciary duties by former managers:  Cambie Forming Ltd. v. Accuform Construction Ltd., 2017 BCSC 127; Cambie Forming Ltd. v. Accuform Construction Ltd., 2016 BCSC 266.
  • Co-counsel for a union in obtaining judgment to recover money received when misappropriated funds were deposited into bank accounts held jointly with the former treasurer of the union who stole the funds:  International Longshore & Warehouse Union Local 502 v. Ford, 2016 BCCA 226;  International Longshore & Warehouse Union Local 502 v. Ford, 2014 BCSC 867.
  • Co-counsel for an accounting firm in obtaining an order for security for costs, which resulted in the claim against the firm being dismissed as a result of the plaintiffs’ failure to pay funds into Court.
  • Co-counsel for a group of 27 container trucking companies on a judicial review of Port Metro Vancouver’s decisions to deny them licences to access the Port.  The Court set aside Port Metro Vancouver’s decisions on the basis that the process used to review applications was “procedurally deficient and profoundly unfair”.  The result of the Court’s order was to restore the majority of licences to the companies:  Goodrich Transport Ltd. v. Vancouver Fraser Port Authority, 2015 FC 520.
  • Co-counsel on a hearing establishing that the Federal Court has jurisdiction over truck licensing disputes under the prior federal regime:  ATL Trucking Ltd. et al. v. Vancouver Fraser Port Authority, 2015 FC 420.
  • Counsel for an architecture firm on a successful application for an order freezing assets and obtaining bank records of a former employee alleged to have stolen funds:  Musson Cattell Mackey Partnership Architects Designers Planners v. Maki et al., 2014 BCSC 2439.
  • Co-counsel on a 32-day trial on the validity of the Canadian patent for esomeprazole magnesium (2014 FC 638).  The validity of the patent was ultimately upheld by the Supreme Court of Canada in the leading case on patent utility (2017 SCC 36).
  • Co-counsel for a pharmaceutical company that successfully obtained an order prohibiting the Minister of Health from granting market approval to a competitor:  Astrazeneca Canada Inc. v. Ranbaxy Pharmaceuticals Canada Inc., 2013 FC 232.
HONOURS AND AWARDS
  • Samuel and Clara Shime Prize for accomplishments in the field of law and medicine
  • Class of 1967 Prize for ranking second in third year of law school
  • McRuer Scholarship for the highest standing in Administrative Law
  • Bereskin & Parr Prize for the highest standing in Intellectual Property Law
  • Leonard Feigman, Q.C. Prize for the highest standing in Evidence Law