Kyle is a litigator who focuses on complex commercial disputes, administrative proceedings, and regulatory investigations. A creative problem solver, he finds the optimal outcomes for his clients through a relentless focus on the real: risks, restraints, and rewards.

He has represented clients in civil fraud actions, shareholders disputes, directors & officers’ liability claims, professional discipline proceedings, and regulatory offences. Kyle also has experience in contractual disputes, securities regulation, and class action proceedings. He maintains an abiding interest in the evolution of the law as it intersects with the internet and emerging technologies.

Kyle has extensive experience as an advocate and has independently conducted trials and appeals at all levels of court in British Columbia, in addition to assisting senior counsel with matters up to the Supreme Court of Canada. He has acted as discipline counsel in regulatory prosecutions in both British Columbia and Alberta, both independently and with senior counsel, and conducts confidential investigations.

Kyle regularly acts for corporations, individuals, and regulatory bodies. He also acts pro bono on cases of public interest and welcomes inquiries from individuals confronting serious constitutional, administrative, or human rights issues.

Before joining the partnership, Kyle practiced at a leading litigation boutique and at a national law firm in Vancouver. In law school, he won awards for his trial advocacy and cross-examination in competitive moots.

Legal Assistant:
Gabrielly Almeida
galmeida@peslitigation.com
(778) 727-3513

  • Benchmark Litigation Canada, Future Star, 2024

Education

  • University of British Columbia, Juris Doctor, 2015
  • University of Alberta, Bachelor of Arts in Philosophy with Biology Minor, 2010

Bar Admission

  • British Columbia, 2016
  • Member, Canadian Bar Association
  • Member, The Advocates’ Society
  • Member, Canadian Bar Association of Black Lawyers
  • Director, Pivot Legal Society
  • Moot Coach, UBC Peter A. Allard School of Law, Isaac Moot
  • UBC Black Law Students Association Pre-Law Conference (March 12, 2022)
  • UBC Black Law Students Association LSAT Course Instructor (September 27 & 30, 2020)
  • Co-Author with H. David Edinger, “Putting the Content Cat Back in the Bag”, Letter of the Law (Winter 2017)
  • Co-counsel for British Columbia’s largest medical clinic in receivership proceedings commenced by the local health authority and the clinic’s related action against various government agencies alleging, among other things, a negligent failure to warn that licenses for diagnostic and laboratory services would not be forthcoming. The receivership was granted and remains ongoing, and the related action was excluded from the receiver’s management: Vancouver Coastal Health Authority v Seymour Health Centre Inc., 2023 BCSC 1158.
  • Acted as discipline counsel for the Law Society of British Columbia on a number of professional discipline proceedings for both conduct unbecoming and professional misconduct. Successfully opposed applications for dismissal of a citation based on a no evidence motion (Guo (Re), 2022 LSBC 33) and for production of documents (Guo (Re), 2021 LSBC 37). Conducted disciplinary and review hearings both with co-counsel (Gurney (Re), 2020 LSBC 56; Guo (Re), 2023 LSBC 30) and independently (Guo (Re), 2023 LSBC 9).
  • Acted as co-counsel for the Law Society of Alberta in discipline proceedings alleging conduct deserving of sanction against a Minister in the provincial government.
  • Assisted hearing counsel on complex and high stakes shareholders dispute involving control of family trust holding majority of voting shares in a major Canadian telecommunications company (Rogers v Rogers Communications Inc., 2021 BCSC 2184).
  • Successfully opposed a petition for judicial review and a subsequent appeal of that dismissal in a long-running family dispute involving complex allegations of fraud (Este v District of West Vancouver, 2022 BCSC 584 and affirmed in 2022 BCCA 445).
  • Obtained orders for production of documents and cross-examination of a party on an affidavit in that same complex family proceeding involving allegations of fraud (Taherkhani v Este, 2021 BCSC 1746).
  • Successful defence at trial of a residential leasehold company against a claim seeking to transfer responsibility for maintenance and repair costs from leaseholders to the lessor company (Trenchard v Westsea Construction Ltd., 2019 BCSC 1675 and affirmed in 2020 BCCA 152). This case remains the leading decision on the interpretation of long-term residential leasehold contracts in British Columbia.
  • Sole counsel for a defendant insurance company seeking to establish a positive defence based on a willfully false and material misrepresentation by the plaintiff insured. Established the plaintiff’s false statement at trial, resulting in a successful forfeiture of claims by the plaintiff (Muhammad v ICBC, 2018 BCSC 2547).