Andrew Gay KC

Andrew Gay, KC has been helping clients resolve disputes both in and out of the courtroom since 1997.

Andrew has a broad litigation practice with particular emphasis on matters of public law. Andrew has extensive experience in the field of administrative law, including a wide range of regulatory, licensing and professional discipline cases. Andrew is an expert in the law of judicial review of administrative decisions, having argued many such cases before the courts and having taught on the subject.

Andrew’s other practice areas include commercial litigation, government liability, civil forfeiture, constitutional litigation, negligence actions, civil fraud, defamation, property disputes, and civil sexual assault cases. Andrew is also an experienced appellate lawyer. This breadth of experience allows Andrew to see opportunities and arguments that specialized lawyers might overlook.

Andrew is also recognized as an expert in British Columbia liquor law. He acts for a large number of restaurants, bars and private liquor stores in disputes with the Liquor and Cannabis Regulation Branch, with a high rate of success. He also advises liquor licensees on matters of compliance with British Columbia’s liquor laws.

In addition to his courtroom work, Andrew was for many years an Adjunct Professor at the UBC Law School where he taught an upper-year seminar on government liability. He is also the author of the chapter on nuisance law in Canada’s leading government liability text: Government Liability: Law and Practice, K. Horsman and G. Morley eds. (Canada Law Book).

Andrew is the former co-Chair of the Administrative Law Subsection of the Canadian Bar Association – BC Branch, and sat on the National Executive Committee of the CBA Administrative Law Section. He is a regular contributor to programs offered by the Continuing Legal Education Society of B.C. and is a former member of the BC Civil Resolution Tribunal.

When he is not at work, you can find Andrew coaching his daughter’s soccer team, or cooking and working in his vegetable garden.

1996

York University (Masters of Environmental Studies)

1996

Osgoode Hall Law School LL.B.

1997

Called to the Bar (British Columbia)

2016

King's Counsel

SIGNIFICANT CASES

Counsel in a successful appeal concerning the availability of Charter damages against government: Johnson v. British Columbia (Attorney General), 2022 BCCA 82.
Co-counsel on a successful constitutional appeal relating to judicial remuneration: Provincial Court Judges’ Association of British Columbia v. British Columbia (Attorney General), 2021 BCCA 295.
Counsel on an appeal successfully upholding the lower court’s decision on judicial review that a permitting decision of a municipality was unreasonable: The Architectural Institute of British Columbia v. Langford (City), 2021 BCCA 261.
Co-counsel in a successful appeal to the Supreme Court of Canada in a case concerning government’s obligation to produce confidential Cabinet records in litigation: British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia, 2020 SCC 20.
Counsel in an appeal successfully freezing money against dissipation prior to trial, and clarifying the law on counsel’s obligations when appearing on ex parte applications: Director of Civil Forfeiture v. Silver International Investments Ltd. et al., 2020 BCCA 244.
Counsel in a successful judicial review clarifying the obligation on municipalities to consider applicable enactments respecting health and safety when deciding whether to issue building permits: The Architectural Institute of British Columbia v. Langford (City), 2020 BCSC 801.
Counsel in numerous tribunal decisions relating to the discipline of professionals.
Counsel in an appeal which successfully overturned an arbitration award on the basis of apprehension of bias: Hunt v. The Owners, Strata Plan LMS 2556, 2018 BCCA 159.
Counsel in a significant appeal which successfully overturned a finding of misfeasance in public office against a social worker made following a 146-day trial: J.P. v. B.G., 2017 BCCA 308.
Counsel in a constitutional challenge against police conduct in the context of a civil forfeiture action: British Columbia (Director of Civil Forfeiture) v. Johnson, 2016 BCSC 1570.
Counsel for the government of British Columbia on a constitutional petition by the Provincial Court Judges’ Association challenging the Legislature’s decision on Provincial Judges compensation: Provincial Court Judges’ Association of British Columbia v. Attorney General of British Columbia, 2014 BCSC 336 and Provincial Court Judges’ Association of British Columbia v. Attorney General of British Columbia, 2015 BCCA 136.
Successfully opposed a novel constitutional injunction application involving a dispute over use of school property: Conseil Scolaire Francophone de la Colombie-Britannique v. British Columbia (Education), 2013 BCSC 1242.
Counsel on a successful judicial review of Student Aid BC’s decision to prohibit some private post-secondary institutions from enrolling students with government student loans: 18320 Holdings Inc. v. StudentAid BC, 2013 BCSC 539; 18320 Holdings Inc. v. StudentAid BC, 2013 BCSC 1677.
Counsel on numerous successful applications for Judicial Review against decisions of the British Columbia Liquor Control and Licensing Branch: Beverly Corners Liquor Store Ltd. v. British Columbia, 2012 BCSC 1851; Northland Properties Corp. v. British Columbia, 2011 BCSC 160; Quail Place Estates Ltd. v. British Columbia, 2011 BCSC 177; Cambie Malone’s Corp (c.o.b. Cambie Hotel) v. British Columbia, 2011 BCCA 439; Browns Newport Village Ltd. v. British Columbia, 2009 BCSC 1556. The decision in Beverly Corners Liquor Store Ltd. v. British Columbia clarified that the law of due diligence applies in the context of violations committed by low-level employees of corporate licence holders.
Counsel in numerous commercial and breach of contract disputes: The Owners, Strata Plan VIS 4686 v. Craig, 2019 BCSC 2228; W.E. Industries Ltd. v. 618061 B.C. Ltd., 2012 BCSC 248; Wong v. Field, 2012 BCSC 1141; McIsaac v. Healthy Body Services Inc., 2009 BCSC 1716; 618061 B.C. Ltd. v. Anmore (Village), 2008 BCCA 205.
Frequently retained by the Province of British Columbia to act as counsel in complex negligence actions: Johnson v. MacDougall, 2019 BCSC 743; Richard v. British Columbia, 2012 BCSC 1464; British Columbia (Minister of Forests) v. Bugbusters Pest Management Inc., 2004 BCCA 574; Canadian National Railway Co. v. Canada, 2003 BCSC 1558; British Columbia v. Canadian Forest Products Ltd., 2002 BCCA 217; Canadian National Railway Co. v. British Columbia, 2002 BCCA 689.
Counsel or co-counsel in several major actions involving claims of nuisance: Canadian National Railway Co. v. Canada, 2003 BCSC 1558; Osler Developments Ltd. (c.o.b. the Coast Westerly Hotel) v. British Columbia, 2001 BCSC 129. Andrew Gay is also a published author on the topic of nuisance and a recognized expert in this field.
Counsel in an appeal which clarified the law relating to “latecomer” payments under the Local Government Act in the context of infrastructure development in the municipal context: 618061 B.C. Ltd. v. Anmore (Village), 2008 BCCA 205.
Counsel in numerous cases of defamation (libel or slander): Newman v. Halstead, 2006 BCSC 65; Stanley v. Shaw, 2006 BCCA 467.
Co-counsel to an intervenor in one of the most important freedom of expression cases ever to be heard by the Supreme Court of Canada: R. v. Sharpe, 2001 SCC 2.