Matt Stainsby

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Matt is an associate in Lawson Lundell's Kelowna office and a member of the firm's Litigation & Dispute Resolution Group. His practice focuses on commercial litigation and construction disputes. Matt advises and represents clients on contract disputes, shareholder disputes, injunctions, contract drafting, insurance claims/disputes and builders’ liens matters. In addition, Matt represents professionals in both court and regulatory matters in front of their governing bodies.

Matt also advises and represents businesses, employers and individual clients on a wide range of employment matters.

Matt has significant trial experience. He has acted for clients in matters before the Court of Appeal, Supreme Court and Provincial Courts of British Columbia, as well as the Federal Court, the Human Rights Tribunal, the British Columbia Labour Board and other regulatory decision makers.

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Experience

Appellant’s lawyer in an appeal of a personal injury decision respecting damages relating to psychological injuries suffered in a motor vehicle accident. Decision was overturned (in part) and remitted to the Supreme Court to reconsider the damages awarded. McPhail v Ross, 2022 BCCA 122
Counsel for a successful plaintiff in a motor vehicle accident. Trial was on liability only. Bains v Watkins, 2021 BCSC 2326
Co-counsel on a successful personal injury matter seeking damages as a result of two motor vehicle accidents and injuries suffered in the plaintiff’s home when a large piece of moulding fell off the wall and struck the plaintiff in the head. Maingot v Wankowicz, 2021 BCSC 1596
Co-counsel on a 16-day trial seeking damages for an assault and battery, false arrest and false imprisonment of the plaintiff by police officers in Surrey, British Columbia. Primary issue in respect of liability was whether the officers had grounds to arrest the plaintiff, as he was injured during the course of an arrest. Mr. Justice Blok found that the officers did not have grounds to arrest the plaintiff and awarded the plaintiff damages, including non-pecuniary damages, loss of capacity and Charter damages. Fong v British Columbia (Minister of Justice), 2019 BCSC 263
Court of Appeal set aside the trial judge’s findings in relation to the liability of Mr. Paine and Valley Traffic Systems, and setting aside, in part, the liability findings against Mr. Jackman. The Court of Appeal ordered a new trial in respect of the liability of Mr. Jackman, Mr. Paine and Valley Traffic Systems. Malak v Hanna, 2019 BCCA 106
Co-counsel for the defendants, Philip Jackman, Trevor Paine and Valley Traffic Systems Inc. on a 23-day trial wherein the plaintiffs sought damages for allegedly defamatory statements. Trial was in respect of liability only. Trial judge found the statements and material to be defamatory to the plaintiffs and found the defendants had acted in concert with the defendant, Remon Hanna. Mr. Paine, Mr. Jackman and Valley Traffic successfully appealed this determination. Malak v Hanna, 2017 BCSC 1739
Successfully overturned an Employment Standards Branch. Primary issue on appeal to the Employment Standards Tribunal was whether the delegate in the original hearing failed to observe the principles of natural justice, which argument was accepted on appeal. Mahigan Research & Development Inc. (Re) 2019 BCEST 49
Six day trial as counsel for the plaintiff and defendant by counterclaim. Dispute between Landlord and Tenant regarding obligations on the parties in respect of improvements to the leased premises. Plaintiff was successful in establishing amounts owing from the landlord under the contract for “tenant’s work” and having the defendant’s counterclaim dismissed. Successful on costs application. Wonderville Child Centre Inc. v Highwood Enterprises Ltd., 2018 BCSC 2031
The defendant and plaintiff by way of counterclaim sought an apportionment of costs, claiming divided success. Madam Justice Horsman found that the plaintiff had established that the defendant had breached the lease agreement and, having successfully defended the counterclaim, the plaintiff was entitled to its costs. Wonderville Child Centre Inc. v Highwood Enterprises Ltd., 2018 BCSC 1759
The Court of Appeal overturned Mr. Justice Funt’s determination to quash a certificate program that had been approved for ASTTBC by a safety manager under the Safety Standards Act. IBEW v ASTTBC, 2017 BCCA 313
Four day judicial review of a decision by a provincial safety manager under the Safety Standards Act. Counsel with Frank Potts. The IBEW argued that the safety manager did not have the authority to grant permission to the ASTTBC to operate two training programs that would lead to certificates once a student completed either of the respective programs. While the IBEW was successful, the ASTTBC appealed and the Court of Appeal overturned the decision by the lower court judge. IBEW v ASTTBC, 2016 BCSC 488
Co-counsel on an appeal of the trial judge’s decision in relation to a number of issues relating to a complex business and employment relationship between the parties. The Court of Appeal set aside the finding of unjust enrichment, cancelled a CPL and varied a number of orders of the trial judge. Jacobs v Yehia, 2016 BCCA 38
Co-counsel for the defendant engineering company on a 23-day trial regarding the failed construction of a subdivision in Fort Nelson, BC. The developer plaintiff sued an engineering company, alleging that it failed in both its provision of engineering services and in acting as a de factor project/construction management. The developer’s claims against the engineer were dismissed in their entirety. Integrated Contractors Ltd. v Leduc Development Ltd., 2016 BCSC 1984