Bryan G. Baynham, KC
Associate Counsel
With fifty years of experience, Bryan is well-known as leading Canadian litigator.
Bryan is Associate Counsel with Harper Grey and the Chair of our Defamation, Privacy & Media Law Group. With a career spanning five decades, Bryan’s experience is vast, and he has represented clients across multiple industries. Over his lengthy career, he has provided advice and acted as counsel with respect to corporate and commercial disputes and all issues relating to aviation, real estate, contract, tort and defamation litigation. He has extensive experience and has represented various financial institutions in appellate proceedings.
Bryan is consistently recognized as a leader in his field by numerous legal ranking publications, including Lexpert, Benchmark Canada and Best Lawyers. Over the years, Bryan’s clients have come to count on him to provide business focused and strategic advice. He was appointed King’s Counsel in 1997, recognizing his exceptional merit and contribution to the legal profession.
University of Toronto, LL.B., 1972
University of Western Ontario, B.A. (Hons.), 1969
- English
Representing individuals and groups of purchasers disputing pre-sale contracts for the purchase of condominiums from real estate developers in British Columbia
Successfully negotiating the return of all or part of the pre-sale purchase deposits to buyers who wanted to exercise their rights of rescission
Representing a defendant in an 80-day securities/conspiracy trial commenced by a brokerage firm
Representing brokerage firms and private individuals in various actions for negligence, breach of fiduciary duty, and fraud with respect to both on and off market securities transactions
Advising publishers and media outlets concerning defamatory and potentially defamatory statements both before and after publication
Successfully defending a vice principal and a school board in a seven-day jury trial involving defamatory remarks made on school property
Representing an elite athlete in a defamation action involving remarks made about her in an email exchange
Obtaining court orders requiring internet service providers to disclose the identity of people who post anonymous comments that defame clients and breach their rights to privacy
Pursuing claims for breach of privacy and defamation against websites and individuals who post compromising photos and comments
Acting for cabinet ministers, members of parliament, MLAs, mayors and councillors in a variety of defamation actions
Representing the liquidator of the Christian Brothers of Ireland in Canada in ground breaking litigation to sell trust properties, including private schools, to satisfy outstanding claims for sexual abuse perpetrated by individual Christian Brothers at the Mount Cashel orphanage in Newfoundland. The liquidator ultimately made a recovery of $19 million by way of settlement.
Representing Kuehne & Nagel International at the Supreme Court of Canada in a landmark decision which changed the law by allowing third parties to claim the benefit of an exclusion clause in a contract to which they were not a party. This case also explored the boundaries between the law of contract and the law of tort and is recognized as the seminal decision in the ongoing debate concerning vicarious liability.
Representing an employer in a trial and appeal concerning vicarious liability for an independent contractor
Representing sellers and buyers in residential real estate litigation resulting from the failure to complete the purchase of a property
Pursuing and defending actions over disputes over the entitlement to deposits
Disputes between real estate agents and their clients
Acting for sellers and buyers in negligence claims against professional advisors including notaries and lawyers
Advising generally about the enforceability of Contracts of Purchase and Sale
Acting on behalf of multiple clients seeking recovery from developers for misrepresentation, fraud, and failure to comply with the Real Estate Development Marketing Act
- Canadian Bar Association Special Committee on the Reform of Parliament, Past Member
- Harper Grey Defamation, Media & Privacy Law Group, Co-Chair
- Harper Grey Commercial Litigation Group, Past Chair
- Speaker for various industry and educational organizations including the Continuing Legal Education Society of BC, the Pacific Business and Law Institute and the Society of Notaries Public of BC
- Canadian Bar Association, BC Branch Subsections, Member: Aviation Law
- The Law Society of British Columbia, Member
Recognition
The Latest