Seva Batkin, LL.B, B.Eng
Seva brings a unique perspective to the practice of law dealing with commercial, technology, wills, estates, and trusts, and IP disputes. As a former engineer and project manager, Seva is focused on real-world solutions, and takes a holistic view of clients' problems and client service. Analyzing legal issues and anticipating tactics, Seva develops and implements innovative and cost-effective strategies with a view of achieving the best practical outcomes for his clients.
Seva has a broad range of experience representing clients of all sizes, including individuals, corporations, and institutions, in a diverse disputes in a variety of forums:
commercial disputes, with a particular focus on contractual disputes, arbitration, breach of confidence cases, misuse and theft of confidential information and trade secrets, and real estate transactions
wills, estates, and trust disputes including family trusts, validity of wills and other testamentary documents, enforcement of trusts and bequests, and assisting executors
enforcement of local and foreign judgments
technology-focused disputes such dark-fiber, co-location, service level agreements (SLAs), software and hardware development and deployment
trademark, patent and copyright infringement
restructuring and Companies Creditors Arrangements Act (CCAA) proceedings
breach of restrictive covenants and unfair competition
corporate governance disputes
fraud, breach of fiduciary duty and breach of trust claims
Seva began his professional life as a Telecommunications / Computer Engineer with a focus on R&D and Project Management. He earned his Bachelor of Communications Engineering degree, with high distinction, from Carleton University in Ottawa, while working full time for a global telecommunication firm.
Trading skates for skis, Seva switched careers and studied law at the University of British Columbia in Vancouver, where he received several academic scholarships and earned a Bachelor of Laws degree in 2007. While studying law, Seva operated a successful legal research business.
After completing legal studies, Seva clerked for the B.C. Supreme Court, and was called to the Bar of British Columbia in 2008.
Prior to founding Fraser Litigation Group with his partners, Seva was a partner at a major regional firm, where his practice focused on business, IP and trust litigation.
Seva speaks, reads and writes Russian fluently, allowing him to both represent and facilitate representation for Russian-speaking clients.
In H.M.B. Holdings Limited v. Replay Resorts Inc., confirmed the elements of an allegation of conspiracy and caused an unfounded claim against his client to be struck out at the outset of a case.
In Tanzanian Goldfields Company Limited v. East Africa Metals Inc, established the standard for appeals from an arbitrator's refusal to recuse himself on the basis of apprehension of bias or partiality.
Upon litigation in several jurisdictions, obtained a substantial settlement for a client, which enforced payment of significant bequests to the client which the executors had refused to pay.
In Re Pace Estate, ensured that a deceased's wishes were upheld despite claims that his will was invalidated by his subsequent marriage, setting an important precedent in this area of wills and estates law.
In Soprema Inc. v. Wolrige Mahon LLP (B.C. Court of Appeal), established a new test for implied waiver of solicitor-client privilege, successfully protecting clients from disclosure of privileged communications.
In TCC Mortgage Holdings Inc. v. Rohland, obtained and successfully defended on a re-hearing an ex parte Mareva injunction against assets of party collaborating with a judgment debtor.
In Idle-O Apartments Inc. v. Charlyn Investments Ltd., which was upheld by the Court of Appeal, achieved a successful and equitable outcome for clients in a long-standing land dispute and set new precedent for the doctrine of proprietary estoppel. In a subsequent decision, obtained special costs for clients against the plaintiff who refused to comply with court orders.
Representing business owners in actions against former owners, directors and employees for unfair competition
Representing property owners in applications to remove Certificates of Pending Ligation registered by plaintiffs
Co-counsel in complex proceedings involving business trust and shareholder oppression claims, dealing with novel points of law
Co-counsel in complex proceedings in respect of commercial fraud and auditor's negligence
Negotiating cost-effective practical settlements in commercial and public-interest disputes
Professional Affiliations And Memberships
Law Society of British Columbia (2008 - Present)
Honorary Solicitor to the Trial Lawyers Association of British Columbia (2010 - Present)
Member of the Canadian Bar Association (2007 - Present)
Member of the Advocates Club (2014 - 2017)
What Should Tech Companies Consider When Patent Trolls Come Calling?, TechVibes.com, October 19, 2013
Intellectual Property Law Review – Copyright, Annual Review of Law and Practice, Continuing Legal Education, 2013
The Ebbs and Flows of Pre-Sale Litigation, BCRELinks.com, June 1, 2012
Intellectual Property Law Review – Copyright, Annual Review of Law and Practice, Continuing Legal Education, 2012
Domain Names – A Type of Property, Internet and E-Commerce Law in Canada, November 2011
The Tide May Be Turning on Pre-Sale Litigation, BCRELinks.com, July 29, 2011
Capacity to Instruct Counsel, the Advocate, January 2011
Last Lines of Defence: Protecting Settling Defendants from Future Actions for Indivisible Injuries, the Advocate, April 2009
Apportionment of Damages Between Multiple Tortfeasors, the Advocate, January 2009
A Guide to E-Commerce Best Practices, Internet and E-Commerce Law in Canada, November 2008
Who Should Bear the Risk? Awards of Future Care Costs in Light of Uncertain Government Funding, the Advocate, November 2007