Jennifer Millbank focuses her litigation practice on commercial and property disputes and she also provides general governance advice to organizations such as First Nations, volunteer fire departments, local governments, and societies.
Most lawsuits conclude through some type of mediation or negotiation, but in order to get the best result, the parties need to be prepared to go to trial. She is experienced trial counsel and has had conduct of trials in a wide range of subject areas including: mining rights, real property ownership disputes, contractual disputes, immigration, fraud, employment matters, commercial leasing, creditors’ remedies and foreclosures, motor vehicle, construction and government regulation. She enjoys this variety and believes that having this broad experience makes her a better litigator.
Being involved in a lawsuit is stressful. Trials and arbitrations require a lot of preparation and Jennifer has the experience to know how to tell your story in court and how to present the best case possible when the stakes are high. She has successfully argued matters before the British Columbia Supreme Court, the British Columbia Court of Appeal, the Federal Court of Appeal, as well as a number of administrative tribunals including the Workers Compensation Appeal Board, the B.C. Human Rights Tribunal, and the Hospital Appeal Board. She frequently provides advice on professional disciplinary matters and is experienced in making submissions before competency, review, and disciplinary boards.
The governance advice that Jennifer provides to organizations is directed at helping organizations make timely decisions on issues that come up before matters go off the rails. For example, getting legal advice before you terminate a key employee can save you a wrongful dismissal lawsuit, and input on your new organizational policies can help you to achieve your community’s goals. Good advice at the right time can make all the difference, and Jennifer is committed to providing practical information, so that her clients can focus on what they do best rather than becoming unnecessarily involved in a protracted legal dispute or distracted by side issues.
Cases of Note
- Haynes v. Inter Tribal Health Authority, 2017 BCSC 11. On behalf of the plaintiff, Jennifer successfully opposed a summary trial application brought by the ITHA to have the plaintiff’s case dismissed. The plaintiff alleged that she was wrongfully dismissed by her employer for being a whistle blower.
- RDN v. Andersen, 2016 BCSC 1747. The Regional District unsuccessfully sought a permanent mandatory injunction against the defendant. The case concerned an alleged bylaw breach due to the use of imported water to a small farm.
- Nielsen v. Sartor, 2012 BCSC 1954. Following a trial, Jennifer’s client was awarded title to a taxi licence. The main issue in this case was whether or not a particular contract indicated that the taxi licence was being leased for an indefinate period of time or whether it had been purchased with monthly payments over a number of years. The court determined that it was a purchase agreement, and not a lease.
- Chieftain Metals v. Tulsequah Wilderness Adventures, 2014 BCSC 1251. A heli-skiing company successfully counter-sued for legal title to a mining camp located in a remote area of British Columbia following a full trial.
- Guillen v. Island Health, Decision No. 2017-HA-001(a), September 26, 2018. In a case that has implications for hospitals and health authorities across B.C., the Hospital Appeal Board determined that a hospital could not limit a medical practitioners statutory rights through its own internal bylaws and policies.
- Sifton v. Wheaton Pontiac Buick GMC (Nanaimo), 2010 BCCA 541. The Defendant unsuccessful brought an appeal of a trial judgment concluding that the Plaintiff had been constructively dismissed from his employment.
Disclaimer: The outcome of every legal proceeding varies according to the facts in individual cases. References to successful case results where the lawyers at RLR have acted for clients are not a guarantee or indicative of future results.
- Member, Canadian Bar Association
- Member, B.C. Civil Liberties Association
- Bachelor of Laws, University of Victoria Law School, 2001
- B.A. (Honours) Political Science, University of Victoria,1997.
Year of Call + Jurisdiction
- 2002, British Columbia
- Past, Municipal Councilor, District of Lantzville from 2011-2015
- Chair, Village Commercial Core Improvement Committee, 2014