Katherine Reilly 

Katherine Reilly

Vancouver
Royal Centre, Suite 1500
1055 West Georgia Street, PO Box 11117
Vancouver, British Columbia V6E 4N7

t: 604.691.6847
e: katherine.reilly@mcmillan.ca

overview

Katherine Reilly is a partner in the firm's Advocacy and Litigation Group where she concentrates her practice on complex commercial litigation.

Katherine helps clients avoid and resolve disputes so they can get back to the important task of running their businesses. When litigation cannot be avoided, she skillfully advocates for her clients' interests both inside the courtroom and at the negotiation table.

Katherine has experience handling a range of complex corporate and commercial disputes, and has a special interest in matters related to proxy contests, construction law, land disputes, and cross-border issues.

Katherine is an experienced trial lawyer who has appeared at all levels of courts in British Columbia.

Katherine has acted as trial counsel in a commercial dispute between a major office products supplier and a sports franchise relating to commercial sponsorship issues. She successfully defended the interests of a gaming company in connection with complex and novel regulatory and public law issues. Katherine has recently acted on behalf of both management and dissident shareholders in high profile proxy contests.

In her litigation practice, Katherine is well regarded for her practical, results-oriented approach as well as her attention to detail and negotiation skills. She has successfully resolved numerous disputes on behalf of clients outside the court system using mediation and other alternative dispute resolution mechanisms.

Representative Matters

Katherine represents clients in a variety of interests and matters, including:

  • Acting on behalf of both management and dissident shareholders in high profile proxy contests
  • Acting in a significantly complex and high value construction arbitration
  • Trial counsel to a gaming company concerning whether a novel duty of care is owed to problem gamblers
  • Trial counsel to a major office products supplier in connection with a dispute with a local sports franchise concerning commercial sponsorship issues
  • Counsel in numerous complex contract, tort and regulatory claims in a commercial context
  • Counsel on cross-border and jurisdiction related matters, acting for corporations and individuals who have been sued in British Columbia
  • Counsel to corporations and individuals concerning disputes involving directors and shareholders
  • Counsel to companies involved in real property disputes concerning the purchase and sale of land, including advising on matters related to complex and lengthy litigation proceedings and specific performance claims over significant parcels of land in downtown Vancouver
  • Counsel to publicly listed companies involved in securities related litigation
  • Counsel on franchise disputes concerning breaches of franchise agreements and enforceability of restrictive covenants
  • Counsel on products liability matters, including acting for a major eye-care products company and major appliance manufacturers
  • Counsel to executives and corporations involved in disputes concerning executive remuneration and termination of employment

Presentations

Haigh v. Kent: The BC Court of Appeal weighs in on unjust enrichment in the family enterprise context
New B.C. Supreme Court Civil Rules

Publications

SCC Confirms a "Deal is a Deal": Party Not Allowed to Re-Negotiate a Contract Because it No Longer Liked the Terms
Practicing Safe Text: Drafting Tips from the Stormy Daniels NDA
Observations from the Eco Oro Proxy Contest
Cited by the BC Court of Appeal
SCC Confirms Directors Can Be Personally Liable in Cases of Oppression
Privilege wins out over Document Production Requests, Orders and FOI Legislation - SCC Confirms Status of Solicitor-Client Privilege and Litigation Privilege
New SCC Decision on Oppression Remedy is Instructive for Closely-Held Private Companies
Demystifying the Federal Government's Assisted Dying Legislation and the New Lawsuit Challenging its Constitutional Validity
June 1, 2015 Marks an Important Date for British Columbia's "New" Limitation Act
The "Discovery" of Demand Obligations under B.C.'s New Limitation Act
BC Court Takes Laissez-faire Approach to Counsel's Involvement with Expert Reports Compared to Ontario
BC's New Wills, Estates and Succession Act: A Summary of the Protections and Pitfalls in the New Legislation
BC Court Issues Landmark Decision on Problem Gambling and Self-Exclusion Programs, and Finds Plaintiff Was the "Author of Her Own Misfortune"
‘Tis The Season For (Conditional) Giving? British Columbia Court Rules On Conditional Donation Agreements
"Round two" for secondary market liability jurisprudence in BC: The Court of Appeal issues its decision in Round v Macdonald, Dettwiler and Associates Ltd.
The introduction of proportionality into BC's rules of court: A new way of litigating or simply stating the obvious?
B.C. Supreme Court takes first look at new secondary market liability provisions
Critical Changes to BC Supreme Court Rules Coming July 1, 2010
Ontario, Now B.C. Changing Rules for Conducting a Lawsuit
Dramatic Changes on the Horizon for B.C.'s Civil Procedure Rules
Reasonable Notice and "Fixed-Term" Contracts
Court Finds Fixed-Term Contract No Excuse for Not Giving Reasonable Notice
Vendor Triggers Notice Requirements By Terminating Employees Before Sale
Restrictive Covenants Still Relevant Despite Recent Developments

News

The "Discovery" of Demand Obligations under B.C's New Limitation Act

Education

  • Dalhousie University, LLB - 2006
  • University of British Columbia, BA (English Literature) (First Class Honours) - 2002

Year Of Call

  • Called to the British Columbia bar - 2007

Practices

litigation
business litigation
arbitration
administrative law
securities litigation
construction litigation
appellate advocacy
class actions
fraud law
franchise and distribution
franchising and distribution disputes
construction

Industries

commercial real estate
gaming and lottery
banking, finance and insurance
video games and esports
franchising and distribution

Directorships and Professional Associations

  • Vancouver Bar Association
  • Canadian Bar Association
  • Member of the CBA Civil Litigation subsection and the CBA Wills and Trusts subsection

Media Mentions

  • "New BC Supreme Court rules take effect" by Julius Melnitzer, Financial Post, June 29, 2010 " by Julius Melnitzer – citing Katherine's article, "Critical Changes to BC Supreme Court Rules coming July 1, 2010"
vcard

Katherine Reilly is a partner in the firm's Advocacy and Litigation Group where she concentrates her practice on complex commercial litigation.

Katherine helps clients avoid and resolve disputes so they can get back to the important task of running their businesses. When litigation cannot be avoided, she skillfully advocates for her clients' interests both inside the courtroom and at the negotiation table.

Katherine has experience handling a range of complex corporate and commercial disputes, and has a special interest in matters related to proxy contests, construction law, land disputes, and cross-border issues.

Katherine is an experienced trial lawyer who has appeared at all levels of courts in British Columbia.

Katherine has acted as trial counsel in a commercial dispute between a major office products supplier and a sports franchise relating to commercial sponsorship issues. She successfully defended the interests of a gaming company in connection with complex and novel regulatory and public law issues. Katherine has recently acted on behalf of both management and dissident shareholders in high profile proxy contests.

In her litigation practice, Katherine is well regarded for her practical, results-oriented approach as well as her attention to detail and negotiation skills. She has successfully resolved numerous disputes on behalf of clients outside the court system using mediation and other alternative dispute resolution mechanisms.

Katherine represents clients in a variety of interests and matters, including:

  • Acting on behalf of both management and dissident shareholders in high profile proxy contests
  • Acting in a significantly complex and high value construction arbitration
  • Trial counsel to a gaming company concerning whether a novel duty of care is owed to problem gamblers
  • Trial counsel to a major office products supplier in connection with a dispute with a local sports franchise concerning commercial sponsorship issues
  • Counsel in numerous complex contract, tort and regulatory claims in a commercial context
  • Counsel on cross-border and jurisdiction related matters, acting for corporations and individuals who have been sued in British Columbia
  • Counsel to corporations and individuals concerning disputes involving directors and shareholders
  • Counsel to companies involved in real property disputes concerning the purchase and sale of land, including advising on matters related to complex and lengthy litigation proceedings and specific performance claims over significant parcels of land in downtown Vancouver
  • Counsel to publicly listed companies involved in securities related litigation
  • Counsel on franchise disputes concerning breaches of franchise agreements and enforceability of restrictive covenants
  • Counsel on products liability matters, including acting for a major eye-care products company and major appliance manufacturers
  • Counsel to executives and corporations involved in disputes concerning executive remuneration and termination of employment
March 2018
Practicing Safe Text: Drafting Tips from the Stormy Daniels NDA

Business Law and Litigation Bulletin

January 2018
Cited by the BC Court of Appeal

See paragraph 28 in  Leatherman v. 0969708 B.C. Ltd., 2018 BCCA 33.

May 2015
The "Discovery" of Demand Obligations under B.C.'s New Limitation Act Estates Trusts & Pensions Journal, Vol. 34, No.3.

May 2015
The "Discovery" of Demand Obligations under B.C.'s New Limitation Act
Estates Trusts & Pensions Journal, Vol. 34, No. 3
September 29, 2013
Financial Exploitation of the Elderly and Undue Influence
AM 650's The Law Show with Stirling Faux
June 2010
Critical Changes to BC Supreme Court Rules Coming July 1, 2010
Lang Michener Litigation Alert, June 2010.
Referenced by the Financial Post, June 2010
Summer 2009
Ontario, Now B.C. Changing Rules for Conducting a Lawsuit
Lang Michener InBrief, Summer 2009
February 2009
Dramatic Changes on the Horizon for B.C.'s Civil Procedure Rules
Lang Michener Commercial Litigation Brief, Winter 2009
September 3, 2008
Reasonable Notice and "Fixed-Term" Contracts
Lang Michener In Brief, Fall 2008
April 2008
Court Finds Fixed-Term Contract No Excuse for Not Giving Reasonable Notice
Lang Michener Employment & Labour Brief, Spring 2008
November 2, 2007
Vendor Triggers Notice Requirements By Terminating Employees Before Sale
The Lawyers Weekly
Fall 2007
Restrictive Covenants Still Relevant Despite Recent Developments
Lang Michener Mergers & Acquisitions Brief
October 1, 2013
Haigh v. Kent: The BC Court of Appeal weighs in on unjust enrichment in the family enterprise context
Speaker, CBA Wills & Trusts Subsection
Spring 2010
New B.C. Supreme Court Civil Rules
Litigators Group Seminar, Vancouver, BC