Seva Batkin, LL.B, B.Eng

Partner*


As an experienced network / computer engineer and project manager, Seva brings a unique perspective to the practice of law and, in particular, to commercial, technology, wills and estate, and IP disputes.  Focused on real-world solutions, Seva 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 institutional and corporate clients of all sizes, as well as individuals, in a variety of business, estate, and IP disputes, including the following: 

  • commercial litigation, 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 and estate litigation, including family trusts, dealing with issues such as validity of wills and other testamentary documents, enforcement of trusts and bequests, and assisting executors

  • 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

  • enforcement of local and foreign judgments, including by appointment of an equitable receiver

  • litigation, arbitration, and alternative dispute resolution proceedings in all forums, including contingency matters

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.


Representative Work

  • In Tanzanian Goldfields Company Limited v. East Africa Metals Inc, established the standard for appeals arbitrators' refusals to recuse themselves 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)

Editorial Board Member of the Registrar's Newsletter for the B.C. Supreme Court (2010 - 2016)
Director of Fugue Theatre Society (2015 - 2016)
Director of Research, the Advocate Magazine (2008 - 2014)


Publications

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 LitigationBCRELinks.com, June 1, 2012

Intellectual Property Law Review – Copyright, Annual Review of Law and Practice, Continuing Legal Education, 2012

Domain Names – A Type of PropertyInternet and E-Commerce Law in Canada, November 2011

The Tide May Be Turning on Pre-Sale LitigationBCRELinks.com, July 29, 2011

Capacity to Instruct Counselthe Advocate, January 2011

Last Lines of Defence: Protecting Settling Defendants from Future Actions for Indivisible Injuriesthe Advocate, April 2009

Apportionment of Damages Between Multiple Tortfeasorsthe Advocate, January 2009

A Guide to E-Commerce Best PracticesInternet and E-Commerce Law in Canada, November 2008

Who Should Bear the Risk? Awards of Future Care Costs in Light of Uncertain Government Fundingthe Advocate, November 2007



         *PROFESSIONAL CORPORATION     T  604.343.3102     sbatkin@fraserlitigation.com      LinkedIn Profile      Legal Assistant: Tian Yao    T +1 604.343.3115     tyao@fraserlitigation.com

   
   *PROFESSIONAL CORPORATION
   T  604.343.3102
   sbatkin@fraserlitigation.com
   LinkedIn Profile

   Legal Assistant: Tian Yao
   T +1 604.343.3115
   tyao@fraserlitigation.com