Kaleigh is a commercial litigator in Fasken’s Litigation & Dispute Resolution group. Her practice focuses on corporate disputes, white collar and regulatory defence matters. With nearly 200 days of trial and hearing experience, Kaleigh has broad experience in complex corporate litigation. She was recognized by Best Lawyers as ‘One to Watch’ in Corporate and Commercial Litigation (2022, 2023 and 2024). Clients appreciate Kaleigh’s dedication to their interests, pragmatic approach to litigation and thorough preparation.
Complex commercial litigation
Kaleigh acts as counsel on a range of complex corporate litigation with a focus on shareholder disputes, breach of fiduciary duty claims, real estate, civil fraud, and contractual disputes. Some of Kaleigh’s representative commercial cases include:
- Counsel for the Petitioner in a claim commenced under the disclosable interest provisions of the Business Corporations Act, and for shareholders in related proceedings, all seeking compensation in connection with the sale of a valuable development property, which raised significant issues applicable to the duties of directors and officers in British Columbia.
- Kaleigh has expertise in disputes involving an interest in land, including acting as junior counsel in a complex specific performance/fraud trial (Youyi Group Holdings (Canada) Ltd. v. Brentwood Lanes Canada Ltd., 2019 BCSC 739 aff’d 2020 BCCA 130), a leading decision on the law of illegality of contract.
- Kaleigh has particular experience in equitable remedies for breach of fiduciary duty. In Chung v Chung, 2022 BCSC 1592, Kaleigh successfully obtained a constructive trust over property wrongfully acquired in breach of fiduciary duty and resisted the imposition of a constructive trust in Sather Ranch Ltd. v Sather, 2024 BCSC 598.
- Kaleigh is skilled in handling procedural matters leading up to trial. For example, she obtained conversion of an oppression petition to an action in New Great Land Developing Ltd. v 1034113 B.C. Ltd., 2023 BCSC 2207 and obtained the complete dismissal of an overreaching documents application in Birring Development Co. Ltd. v Binpal, 2022 BCSC 218
Regulatory defence and white collar crime
Proudly born and raised in northern British Columbia, Kaleigh defends clients in the mining, forest and renewal energy sectors in criminal and regulatory proceedings under the Fisheries Act, Forest Range and Practices Act and Environmental Management Act and has appeared before the Environmental Appeal Board and Forest Appeals Commission. Some of Kaleigh’s representative experience includes:
- Kaleigh was part of the Fasken team representing Teck Coal Limited in a complex and unprecedented prosecution that would have resulted in the largest environmental trial in Canadian history (R. v. Teck Coal Limited, 2021 BCPC 118).
- Kaleigh was part of the Fasken team overturning a government decision to retroactively adjust water licence fees before the Environmental Appeal Board (“EAB”) and successfully defended the EAB decision on judicial review to the BC Supreme Court and further appeal to the BC Court of Appeal (British Columbia Comptroller of Water Rights, Water Sustainability Act v. Harrison Hydro Project Inc., 2022 BCCA 4)
- Kaleigh also has experience defending administrative monetary penalties and has obtained the rare result of a complete cancellation of an administrative penalty.
In addition to her litigation practice, Kaleigh is a devoted mentor to students and young lawyers and member of the Fasken Student Committee. She is a frequent volunteer in professional development programs and a contributing author in the British Columbia Civil Trial Handbook. Kaleigh also volunteers as Appeal Counsel for the Access Pro Bono Society of British Columbia.
Kaleigh attended law school at UBC where she was the recipient of Richard R. Sugden Q.C. Prize in Trial Advocacy and the Wesbrook Scholarship and Premier Undergraduate award, the university’s highest student commendation.
Prior to joining Fasken, Kaleigh clerked at the BC Supreme Court and interned for the President of the International Criminal Court in The Hague, Netherlands.
