Sean Boyle
Partner | Vancouver
Vancouver: 604-631-3344

Sean's practice involves all aspects of corporate/commercial litigation, with an emphasis on business, securities, intellectual property, mining and construction disputes. His trial and appellate experience in commercial litigation matters includes contested merger transactions, takeover bids, plans of arrangements, shareholder litigation, dissent proceedings, contractual disputes, negligence claims and defending class actions.

Sean has experience advising clients on compliance with domestic and international anticorruption legislation, including the Corruption of Foreign Public Officials Act.

Sean also advises investment dealers on matters of regulatory compliance and has represented clients in regulatory investigations and hearings conducted by the B.C. Securities Commission and other provincial securities commissions, the Investment Industry Regulatory Organization of Canada (IIROC) and the Mutual Fund Dealers Association of Canada (MFDA).

Sean's experience includes a secondment to the B.C. Securities Commission (enforcement division), where he negotiated settlements and appeared as counsel in commission hearings.

SELECT EXPERIENCE

Sean's experience includes:

  • Successfully defending, at trial and on appeal, allegations of negligent misrepresentation and breaches of fiduciary duties in a complex commercial action

  • Defending a claim for unpaid invoices and additional costs incurred by the general contractor, along with the prosecution of counterclaims, with respect to the construction of a waste water treatment plant

  • Successfully having all claims dismissed after a 43-day trial of an action for an unpaid brokerage fee of approximately C$17-million arising from the sale of a business

  • Conducting international anticorruption investigations and due diligence for multinational clients in connection with allegations of improper payments to government officials in Asia and Africa

  • Successful prosecution of performance bond and labour and material payment bond claims regarding the failure of owners or general contractors to satisfy invoices issued by material suppliers on various construction projects

  • Counsel to a reporting issuer in a successful appeal to the Yukon Court of Appeal related to the application of shareholder dissent rights under a Plan of Arrangement

  • Defending an investment dealer in nine related civil actions arising from a cross-border undercover operation conducted by the U.S. Securities and Exchange Commission, Federal Bureau of Investigation and Royal Canadian Mounted Police

  • Clarifying, before the B.C. Court of Appeal, the obligations of B.C. Securities Commission staff in disclosing documents to a respondent in the context of an inter-jurisdictional investigation and the process to be undertaken by Commission staff in disclosing such documents

  • Successfully defending allegations before the B.C. Securities Commission brought by a bidder in a hostile take-over that a competing bidder's take-over bid circular contained material disclosure deficiencies

  • Acting as litigation counsel to potential acquirers and targets in hostile take-over bids and related shareholder rights plan hearings

  • Defending various investment dealers and brokers in civil actions and assisting in response to regulatory investigations pertaining to client investment and compliance issues

  • Representing companies and public issuers on a variety of litigation matters, including court approval of plans of arrangement and corporate reorganizations

  • Acting for institutional and individual clients in hearings and investigations by the B.C. Securities Commission related to alleged contraventions of the Securities Act (B.C.) including insider trading and unregistered distributions of securities

AWARDS & RECOGNITION

Sean was a finalist in the Benchmark Canada Awards 2017 category of Canada's Securities Litigator of the Year. He is also recognized as a leading lawyer in the following publications:

  • The Best Lawyers in Canada - 2016-2018 (Corporate/Commercial Litigation and Securities Litigation)

  • Chambers Canada: Canada's Leading Lawyers for Business - 2016 - 2018 (Litigation: White Collar Crime & Government Investigations): "Sean Boyle is known for his expertise in fraud and securities litigation and investigations. He is based in Vancouver and offers significant trial experience. Market commentators describe him as a “very practical and very smart" up-and-coming litigator.

  • The Canadian Legal Lexpert Directory - 2014-2017 (Securities Litigation)

  • Benchmark Canada: The Definitive Guide to Canada's Leading Litigation Firms and Attorneys - 2013-2017 (Securities Litigation)

PUBLICATIONS
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Blakes Bulletin on Business Crimes, Investigations & Compliance, October 30, 2017.
Blakes Bulletin on Litigation & Dispute Resolution, November 30, 2016
Co-author: Drafting Pleadings in the Commercial Context
The Continuing Legal Education Society of British Columbia, Vancouver, British Columbia, June 23, 2016.
Blakes Bulletin on Business Crimes Investigations & Compliance and Securities Litigation, May 19, 2016.
Co-author: Increased international enforcement of Canadian anti-corruption laws
Business In Vancouver, Events: Business Excellence Series: Corporate Fraud, Sponsored by Blake, Cassels and Graydon LLP, p. 35, April 7-13, 2015.
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PROFESSIONAL APPEARANCES
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Speaker: From Calamity to Confidence: Best Practices for Effective Crisis Management
Blakes Business Class Seminar, Vancouver, British Columbia, October 19, 2016.
Speaker: From Calamity to Confidence: Best Practices for Effective Crisis Management
Blakes Business Class Seminar, Calgary, Alberta, October 18, 2016.
Speaker: Cross Border Investigations and Crisis Management Association of Corporate Counsel
4th Annual Securities Symposium, Toronto, Ontario, September 27, 2017.
Speaker: Managing Contentious Issues Dealing With the Canadian Public Sector
Blakes Business Class Seminar, Vancouver, British Columbia, September 14, 2017.
Program Chair: Seventh Annual Securities Symposium
The Advocates’ Society, Toronto, Ontario, September 11, 2017.
Speaker: Dolly Varden and the Effect of the New Take-Over Bid Rules
Navigating Securities Litigation Risk: A Review of Recent Developments, Blakes Business Class Seminar, Toronto, Ontario, February 8, 2017.
Speaker: Cross-Border Litigation: Building Your Case and Enforcing Your U.S. Judgment in Canada
The Network of Trial Law Firms, Kiawah Island, South Carolina, October 27-30, 2016.
Speaker: Commercial Litigation 2016
The Continuing Legal Education Society of British Columbia, Vancouver, British Columbia, June 23, 2016.
Speaker: Challenging Credibility
The Advocates' Society, Vancouver, B.C., Thursday, April 14, 2016.
Speaker: Securities Litigation 2015
The Continuing Legal Education Society of British Columbia, Vancouver, British Columbia, September 18, 2015.
Speaker: Investing in Fraud Prevention Can Pay
Business Excellence Series, Business In Vancouver, Vancouver, British Columbia, March 25, 2015.
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