McEwan Partners

On October 9, 2026, our colleagues Kevin Smith and Megan Walwyn appeared before the Supreme Court of Canada in a significant appeal relating to the intersection of Access to Information rights and protections under the 𝑪𝒉𝒂𝒓𝒕𝒆𝒓 for freedom of religion.   The case arises from access requests made in 2021 by two former Jehovah’s Witnesses under British Columbia’s 𝑷𝒆𝒓𝒔𝒐𝒏𝒂𝒍 𝑰𝒏𝒇𝒐𝒓𝒎𝒂𝒕𝒊𝒐𝒏 𝑷𝒓𝒐𝒕𝒆𝒄𝒕𝒊𝒐𝒏 𝑨𝒄𝒕. The individuals sought records containing their personal information from their former congregations. The Congregations declined to disclose the requested records to the records applicants and further refused to provide the disputed records to the Office of the Information and Privacy Commissioner for British Columbia, asserting that to do so would infringe their freedom of religion under s. 2(a) of the 𝑪𝒉𝒂𝒓𝒕𝒆𝒓. The Commissioner’s delegate ordered that the Congregations produce the records solely to her for the purpose of adjudicating the access requests, in response to which the Congregations asserted that the fact the legislation permitted her to make such an order was itself unconstitutional. The Congregations challenged the order through a judicial review in the British Columbia Supreme Court, an appeal in the British Columbia Court of Appeal, and ultimately the Supreme Court of Canada.   Kevin and Megan were proud to represent the two records applicants before the Supreme Court of Canada, with the support of the BC FIPA (the BC Freedom of Information and Privacy Association). Their submissions emphasized the importance of meaningful access to personal information, the role of the Commissioner in adjudicating access disputes, and the need within a democratic, rule-of-law based society for there to be an independent and impartial administrative process to resolve disputes involving important competing societal interests.   The appeal raises important questions regarding the application of the 𝑪𝒉𝒂𝒓𝒕𝒆𝒓 in the context of administrative decision-making, the scope of the Commissioner’s authority to adjudicate access disputes and the proper balance between access to information rights and freedom of religion. The Supreme Court of Canada has reserved judgment with a decision expected some time in 2027. #McEwanPartners #SCCAdvocacy #CharterRights #AccesstoInformation

McEwan Partners is pleased to share that we have been named one of Canadian Lawyer Magazine’s Top 5 Litigation Law Boutiques in Western Canada! Canadian Lawyer’s eighth bi-annual Top Litigation Boutiques survey asked lawyers, in-house counsel, and clients across the country to select the litigation firms that represented the best in class in 2026. To be considered in the vote, firms were required to have the majority of their business come from litigation work. The final rankings were determined by a points system that rewarded firms on a sliding scale for the number of votes received at each ranking. The winners were categorized by geography, including the Top 10 in Eastern Canada and the Top 5 in Western Canada. #CanadianLawyer #LegalExcellence #LitigationLawyers

McEwan Partners is pleased to welcome Associate, Megan Walwyn.   Megan’s practice includes matters relating to public law, constitutional law, administrative law, privacy law, estate litigation, and charities and not-for-profit organizations. She has appeared as counsel at all levels of court in British Columbia and has acted on appellate matters before the Supreme Court of Canada.   Megan earned her Juris Doctor from the University of Victoria in 2024. While in law school, she received numerous awards for academic excellence and community engagement, including the Law Foundation of British Columbia Public Interest Award. Her paper, Does Canada’s Registered Charity Regime Survive Charter Scrutiny?, won the 2024 Canadian Bar Association Charities and Not-for-Profit Law Essay Contest and was subsequently published in the 2025 edition of Appeal: Review of Current Law and Law Reform.   Welcome, Megan!

McEwan Partners is pleased to announce that Kevin Smith joined the Partnership on October 1, 2026.   Kevin has a broad civil and public law litigation practice, and has appeared as lead counsel in all levels of court in British Columbia. He is currently acting in two appeals scheduled to be heard in the Supreme Court of Canada later this year.    Among other industry recognitions, Kevin was Benchmark Litigation Canada’s Emerging Talent Litigator of the Year for 2026.   Kevin’s recent public law cases have included striking down an unconstitutional municipal bylaw on Charter grounds, and representing environmentalists in a challenge to protect parkland. He currently acts for two individuals in a case before the Supreme Court of Canada involving freedom of religion and access to information rights. Kevin has previously represented victims of criminal voyeurism in civil claims, including a class action, and represented a university in a recent high-profile Coroner’s Inquest.   Kevin’s litigation practice has a particular focus on issues relating to charities, societies, not-for-profits, and other civil society groups, and has acted for media outlets, schools, community associations, sports clubs, faith organizations, and other campaigners. He frequently advises on both disputes and governance issues more generally in those contexts and often takes on public interest matters.   Kevin is qualified as a solicitor in England and Wales, and prior to returning to Vancouver practiced with a large international firm in London. Prior to joining McEwan Partners, Kevin was a partner at a leading regional firm based in Vancouver.   Welcome, Kevin!

McEwan Partners is ranked as a Leading Firm by the Chambers Canada Guide 2027.    Chambers Review: “McEwan Partners is a respected litigation-focused boutique recognised for its significant capabilities across a wide variety of commercial and corporate disputes. The Vancouver-based team features a number of top advocates, with diverse experience covering issues such as product liability, securities litigation and class actions. The firm offers excellent representation to clients in the energy, real estate, and financial services sectors.” One survey respondent described the firm as “absolutely fantastic” and another described one of our partners as “the best of the best.”   Four of our partners are recognized as Notable Practitioners, and one as Up and Coming. Ken McEwan, KC, Bob Cooper, K.C., Emily Kirkpatrick, David Gruber and Arden Beddoes received the recognition noted below:   J. Kenneth McEwan KC Band 1 Litigation: General Commercial Band 2 Litigation: Securities Bob Cooper KC Band 2 Litigation: Securities Band 4 Litigation: General Commercial Emily Kirkpatrick Band 5 Litigation: General Commercial   David Gruber Band 3 Litigation: General Commercial   Arden Beddoes Up and Coming Litigation: General Commercial View the firm's full Chambers profile here: https://lnkd.in/g6G6VJzn

Partner, Jason Roberts, is acting as Chair for the 16th annual Securities Symposium of The Advocates' Society in Toronto today. With topics including recent developments in regulatory issues, CIRO enforcement & gatekeeper obligations, civil liability and private enforcement and the impact of evolving technologies, including artificial intelligence and cryptocurrency, this year’s symposium promises to be insightful as well as a terrific networking opportunity for securities litigators.

McEwan Partners is pleased to welcome Associate Talya Schapiro!   Talya is a trial lawyer with over 13 years of experience in civil litigation, with a practice focused on insurance, professional liability, and complex torts. She has extensive experience appearing before the British Columbia Supreme Court, the British Columbia Court of Appeal, and administrative tribunals.   Before pursuing law, Talya completed a Master's degree in Industrial Relations, and worked in labour relations. She has also contributed to the CLEBC Expert Evidence program.   Welcome Talya!

We're proud to share that McEwan Partners lawyers have been recognized in the 2027 edition of The Best Lawyers in Canada™. Congratulations to Ken McEwan, K.C., Bob Cooper, K.C., Sean Hern, K.C., Arden Beddoes, David Gruber, and Sydney Gomez on this well-deserved recognition of their work covering administrative & public law, commercial litigation, dispute resolution, securities law, insolvency, and related practice areas. Recognition by peers is a meaningful acknowledgement of the skill, dedication, and commitment these lawyers bring to every client matter. We are grateful for their contributions to our firm and to the clients they serve. #BestLawyers #CommercialLitigation #DisputeResolution #McEwanPartners

We are proud to share that our Co-Managing Partner, Emily Kirkpatrick, has been named one of Canada’s Top 100 Women in Litigation by Benchmark Litigation for the third year in a row 🏆👏 This repeat recognition underscores Emily’s exceptional work in complex commercial litigation and dispute resolution, as well as her continued commitment to client success and leadership in the legal profession. Congratulations, Emily! Learn more about Emily’s practice and achievements here: https://lnkd.in/gvnCkhRM #Litigation #Top100Women #BenchmarkLitigation #CommercialLitigation #McEwanPartners #LegalExcellence

Congratulations to Jason Roberts on his work assisting James Sayce and the team at Koskie Minsky LLP in a significant class action challenging the use of solitary confinement in Manitoba correctional facilities. The Manitoba Court of King's Bench has approved a landmark $129 million settlement, representing an important outcome for eligible class members and a significant development in Canadian class action litigation. Read more: https://lnkd.in/gAwdhRSd #ClassActions #Litigation #HumanRights