Seva Batkin, LL.B, B.Eng

Partner*

Seva brings a unique perspective to the practice of law dealing with commercial, wills and estates, trusts, technology, and First Nations disputes. As a former engineer and project manager, Seva is focused on real-world solutions, taking a holistic view of clients' problems and client service. Analyzing legal issues and anticipating tactics, Seva develops and implements 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, First Nation bands, and institutions, in a diverse disputes in a variety of forums:

commercial disputes, with a particular focus on contractual disputes, arbitration, commercial fraud, real estate transactions, asset and share purchases, and theft of confidential information and trade secrets
wills, trusts, and estate disputes, such as challenging and defending validity of wills, enforcing of bequests, bringing assets into the estate, and assisting executors
corporate governance disputes
fraud, breach of fiduciary duty and breach of trust claims
enforcement of local and foreign judgments
First Nation governance disputes
technology-focused disputes such dark-fiber, co-location, service level agreements (SLAs), software and hardware development and deployment
breach of restrictive covenants and unfair competition

Seva began his professional life as a Communications / Computer Engineer with a focus on R&D and Project Management. He earned his B. Eng. degree, with high distinction, from Carleton University, while working full time for a global telecommunication firm. Trading skates for skis, Seva switched careers and studied law at the UBC, 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

Leibenzeder Estate v. Macintyre - successfully defended against an application by the former Executor of an estate to set aside the order removing her as the Executor and a substantial judgment granted against her for misconduct with respect to the estate
Tchoubarov v. Poseidon FIshing Inc. - acting for a shareholder and director of a private company in an action for fraud and oppression by the other shareholder and director, succeeded in summarily striking their defences and obtained a substantial monetary judgment and other relief against the defendants
Tophay Leo Farrms Ltd. v. Wu - in a complex shareholder oppression claim, successful defeated an application brought by a party to bifurcate the claims in order to avoid producing updated financial information, which undermines their position in the litigation
Bonner v. Axion Ventures Inc. - co-counsel with Barry Fraser, successfully defended directors of public company against allegations of breaches of fiduciary duty and other misconduct claims brought by the former CEO, with the court finding that the actions of the directors were reasonable and necessary to protect the company from the CEO
Narte v. Gladstone - a decision of the Federal Court, successfully defended a First Nation Band and its Councillors against an attempt by a private party to subvert the Band’s democratic process
H.M.B. Holdings Limited v. Replay Resorts Inc. - confirmed the elements of the tort of conspiracy and succeeded in having an unfounded claim against his client struck out. The decision was upheld on appeal.
TCC Mortgage Holdings Inc. v Rohland - successfully defended against two applications to cancel Certificates of Pending Litigation and for Summary Judgment (see also this decision)
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
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. The dispute was subsequently successfully settled at a mediation with a great result for the Estate
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.
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.
Idle-O Apartments Inc. v. Charlyn Investments Ltd., 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 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 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

Contact

T +1 (604) 343-3102
sbatkin@fraserlitigation.com
LinkedIn Profile