Kinji has a general commercial and business litigation practice with a diverse mixture of practice areas and a broad range of experience. Kinji’s primary practice areas include complex commercial and civil litigation with a focus on contractual disputes, environmental remediation claims, product liability claims, shareholder and transactional disputes, and business torts. He has successfully mediated and reached negotiated settlements on behalf of his clients in the areas of contract, environmental, tort and transactional-based litigation.

Kinji has a focussed practice in the field of environmental remediation cost-recovery claims and contaminated-site litigation. He regularly appears as lead counsel in the British Columbia Supreme Court, has appeared as lead counsel in the British Columbia Court of Appeal, and has appeared before several administrative tribunals, including the BC Securities Commission and Property Assessment Appeal Board. Kinji has also been involved in seeking leave to appeal to the Supreme Court of Canada and has appeared as lead counsel in the Alberta Court of Queen’s Bench.

Kinji is a regular contributor to Lawson Lundell’s Western Canada Business Litigation Blog, a resource that examines current trends and interesting issues emerging in the legal and business communities.

Recognition and Ranking

  • 2015-18 Best Lawyers in Canada: recognized for Environmental law
  • Canadian Legal Lexpert Directory: recognized in the 2014 Guide to the Leading US/Canada Cross-Border Litigation Lawyers in Canada
  • Benchmark Canada: The Guide to Canada’s Leading Litigation Firms and Attorneys 2017: recognized  for General Commercial and Energy and Natural Resources litigation in British Columbia
  • 2013 Lexpert Rising Star Award: recognized as one of Canada's Leading Lawyers under 40

Professional Activities

    • CBABC, Environmental Law Section, Elected Executive Member
    • Peter A. Allard School of Law Alumni Association, President
    • Reed Athletics Fund, Director
    • British Columbia Lawyer's Soccer Team, Captain and Organizer of Vancouver “Mundiavocat” Team (Lawyers’ International World Cup)
    • Vancouver Bar Association, Past Elected Executive Member
    • The Hoop-Law Society, Former Director and Member

    Bar Admissions

    • British Columbia (2000)

    Education

    • University of British Columbia (B.A. (Hons.), 1996)
    • University of British Columbia (LL.B., 1999)

    Representative proceedings include:

     Environmental Litigation
    • Acted for the defendant in a leading remediation cost-recovery case. This case is one of the most significant environmental cases in our province in terms of quantum, legal principles and precedential effect regarding the Environmental Management Act and remediation cost recovery claims (J.I. Properties Inc. v. PPG Architectural Coatings Canada Ltd., 2015 BCCA 240)
    • Acted for a client in respect of numerous contaminated sites matters. One of these matters has implications on plaintiff culpability in environmental claims and also highlighted the conflict between municipal remediation standards and provincial ministerial standards and approvals
    • Advised a property management company in a contaminated sites claim in respect of a historic service station property. The dispute addressed the issue of liability by "responsible persons" under the Environmental Management Act, the causation theory of hydrocarbon contamination, as well as complex liability arguments on corporate successorship
    • Successfully represented the defendant, Chevron Canada Limited, in a leading case on dismissal for want of prosecution in an environmental cost recovery action (Sea Gull Leasing Ltd. v. Wildcat Enterprises Ltd., 2012 BCSC 417)
    • Successfully represented the defendant Chevron Canada Limited in contaminated site claims under the Environmental Management Act in the leading case in British Columbia on remediation allocation of costs claims (Gehring et al. v. Chevron Canada Limited et al., 2006 BCSC 1639)
     
    Commercial Litigation
    • Successfully represented the defendant, Vascor, Ltd., a Kentucky-based company in a lengthy trial before the Supreme Court of British Columbia involving a claim in excess of $200 million based on allegations of unjust enrichment, conversion, quantum merit and waiver of tort (Can-Auto Inspections Inc. v. Vascor, Ltd. 2011 BSCS 1644)
    • Successfully represented the defendant, Sleep Country Canada Inc., in a 42 day trial before the Supreme Court of British Columbia involving allegations of inducing breach of contract and business torts, including interference with economic relations (Canadian Bedding Company Ltd. v. Western Sleep Products Ltd., 2009 BCSC 1499)
    • Succeeded in proving fraud against a claimant of disability benefits from a benefit trust (The Trustees of the IWA- Forestry Industry Ltd. Plan v. Bhullar, 2008 BCSC 168)
    • Successfully represented the petitioner in a property tax appeal to the British Columbia Supreme
    • Court (CPR v. Vancouver (City), 2007 BCSC 1774)
    • Successfully defended a shareholder's rights plan before the BC Securities Commission (Re: Imperial
    • Metals Corporation, CAT Gold Corporation and bcMetals Corporation, November 10, 2006)
    • Represented dissident shareholders in a contested plan of arrangement proceeding involving the oppression remedy and stays of proceedings before the British Columbia Court of Appeal (Scion Capital v. Bolivor Gold Corp, 2006, YKSC17, 2006 YKCA001)
    • Successfully represented the plaintiff in a leading decision on the jurisdiction of the Supreme Court of British Columbia over foreign defendants (Xystus v. Century Mining Corporation, 2005 BCSC 741)