Kinji Bourchier, KC is a leading commercial and business litigator in Fasken’s Vancouver office. 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.
Kinji has a focused 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 King’s Bench.Client Experience
- Represented a US-based global coatings manufacturer in a leading remediation cost-recovery case which analyzed the legal status of the reliance on historical comfort letters provided by government regulators and entities. The case is one of the most significant environmental cases in BC 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).
- Successfully defended a third-party logistics company in a lengthy trial before the Supreme Court of British Columbia involving a claim in excess of C$200 million based on allegations of unjust enrichment, conversion, quantum merit and waiver of tort (Can-Auto Inspections Inc. v. Vascor, Ltd., 2011 BCSC 1644).
- Successfully represented a Canadian mattress retailer 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).
- Successfully represented the defendant, a multinational energy corporation, against historic contaminated site claims under the Environmental Management Act in one of the pioneering cases in British Columbia on remediation allocation of costs claims (Gehring et al. v. Chevron Canada Limited et al., 2006 BCSC 1639).
