Kelly Ann’s general litigation practice focuses on commercial litigation, including breach of contract claims, insurance litigation, jurisdictional disputes and civil fraud. She has appeared in all levels of court in British Columbia and Alberta, as well as represented clients in alternative dispute resolution procedures.

Kelly Ann’s diverse litigation experience includes representing corporations, businesses and individuals, as well as work in class actions, injunctive relief, appeals, professional negligence claims, construction litigation and defamation.

Prior to joining Poulus Ensom Smith LLP, Kelly Ann practiced at a leading litigation boutique and at a national law firm in Vancouver.

*Law Corporation

Legal Assistant:
Jordanna Pishton
jpishton@peslitigation.com
(778) 727-3508

 

Education

  • Thompson Rivers University, JD, 2015
  • University of Victoria, BA, 2012

Bar Admission

  • British Columbia, 2016
  • Benchmark Litigation Canada,  Emerging Talent, Litigator of the Year 2024
  • Chambers & Partners, Up and Coming 2024
  • Benchmark Litigation Canada, Future Star 2023-present
  • Best Lawyers, Ones to Watch 2024
  • Member, Canadian Bar Association
  • Member, Vancouver Bar Association
  • Member, Trial Lawyers Association of British Columbia
  • Member, The Advocates’ Society
  • Successfully obtained leave to appeal a Mareva injunction granted in complex family, trust and estate litigation in Shakeri-Saleh v. Estate of Ahmadi-Niri including on the issue of the proper test to be applied for granting Mareva injunctions in British Columbia.
  • Successfully struck an affidavit as inadmissible expert opinion evidence at the outset of a 10 day class action certification hearing. Read the full decision here.
  • Successfully obtained an order to cross examine a purported expert on an affidavit opposing a certification application in respect of the Shangri-La Hotel building. Read the full decision here.
  • Counsel for a strata located in the Shangri-La Hotel, successfully obtained a sequencing order in a putative class action and defended an application to have a want of prosecution application proceed ahead of a certification application. Read the full decision here.
  • Successfully opposed an application for a mandatory injunction and obtained a rare order for costs for our client payable in any event of the cause and forthwith. Read the full decision here.
  • Assisted counsel in successfully defending a lengthy trial and an appeal in a case brought by bond investors and real estate purchaser in the redevelopment of the Oak Bay Beach Hotel. The case concerned the interpretation of the Real Estate Development Marketing Act and priority scheme under the Land Title Act.
  • Counsel in an appeal of a preservation order and a Mareva. In its decision, the Court of Appeal reviewed the law and test applicable to Mareva injunctions in British Columbia. Read the full decision here.
  • Successfully appealed a combined ex parte Mareva injunction and attachment order, and Anton Piller orders in a Court of Appeal decision reviewing the law and tests applicable to Mareva injunctions and Anton Piller orders in Albert. Read the full decision here.
  • Assisted to successfully obtain bankruptcy orders against two alleged operators of an investment scheme and an order to have 23 related actions managed together under a coordinated case management framework in RSC Enterprise Canada Inc. v. Tan.