Business Litigation, with an emphasis on complex commercial disputes, departed employee litigation, class action defence, intellectual property disputes, landlord and tenant issues and insurance coverage advice for policy holders.

Barry Fraser is a partner of Clark Wilson LLP and Chair of our Business Litigation Practice Group. He brings an exceptional level of dedication, tenacity and professionalism to his representation of clients.

Before joining Clark Wilson LLP to lead our business litigation group, Mr. Fraser was a senior partner with a large, national Canadian law firm, where he had built a thriving and successful practice over 26 years.

Mr. Fraser has acted for both plaintiffs and defendants in business, intellectual property, employment, real estate, corporate governance and insurance coverage matters. He is recognized by his peers for his skills as an advocate. He regularly appears before the BC Supreme Court and Court of Appeal. Mr. Fraser has also represented clients before the Federal Court Trial Division, the Federal Court of Appeal, the BC Environmental Appeal Board, the BC Marketing Board and the Workers’ Compensation Board.

Mr. Fraser has extensive experience dealing with public companies, including corporate governance issues, shareholder disputes and securities matters.

He is a recognized expert in cases concerning fiduciary duties owed by management employees, the wrongful use of confidential information and trade secrets, the enforcement of restrictive covenants, trade-mark litigation, landlord and tenant disputes, injunction law and procedure, insurance coverage disputes and class actions.

Mr. Fraser is also accomplished and experienced in alternative dispute resolution, including arbitrations and mediations.

He is co-author of Defending Class Actions in Canada, 2002, a book outlining class action law and procedure for use by corporate counsel and senior executives.

Mr. Fraser obtained his Bachelor of Arts degree from Simon Fraser University in 1974, and his Bachelor of Laws degree from the University of British Columbia in 1977.

Defending a national firm from claims brought by a former executive for damages arising from efforts to create an IDA registered brokerage firm.

Acting for the landlord in arbitration concerning the enforcement of a lease for a build-to-suit retirement home.

Defending a national manufacture of wood coatings against class action suits alleging that the coatings were defective and negligently manufactured.

Defending a national pharmaceutical company against allegations that its product caused heart attacks and strokes.

Acting for a committee on an appeal to the BC Court of Appeal which established the modern standard of conduct for committees.

Acting in the Federal Court Trial Division and Federal Court of Appeal on a novel trade-mark case involving the use of an internet domain name which embodied a registered trade-mark.

Representing the employer in the seminal case in British Columbia concerning claims of breach of fiduciary duty and wrongful use of confidential information brought against a departed management employee and his new employer.

Acting for a Chinese resident and Hong Kong company in a case which established that the BC Supreme Court has jurisdiction over disputes concerning Sino-Foreign joint ventures.

Acting for both employers and employees on applications brought to restrain unfair competition.

Acting for a major forest products company to restrain the anonymous posting of defamatory messages on an internet bulletin board.

Representing a police officer on the largest found money case in Canadian history.

Co-author: “Defending Class Actions in Canada”, 2002, a book outlining class action law and procedure in Canada for use by corporate counsel and senior executives

Co-author: “The National Class”, an article concerning class action litigation published October 2005 by Lexpert

Paper: “Insurance and Toxic Mould Claims”, presented September 2006 at a conference organized by the Pacific Law Institute

Member, Law Society of British Columbia

Member, Trial Lawyers Association of British Columbia