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Jeffrey D. Horswill
Associate

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Biography

Jeffrey Horswill is an associate in the firm's litigation group. Since completing his articles at Davis in 2004, his practice has focussed on complex commercial litigation, international trade disputes and arbitrations, advising on rights at international law and representing clients in regulatory matters. Mr. Horswill has assisted in and appeared on matters before all levels of Canadian courts and before ad hoc arbitration tribunals conducted under the UNCITRAL Rules.

Prior to his articles, Mr. Horswill graduated with an LL.B from Dalhousie Law School where he received the McInnes Cooper Prize for the highest mark in International Trade Law. Mr. Horswill's Bachelor's degree is in international relations and economics, something which he put to use before law school as an international business consultant and political risk analyst.

Professional Experience

Commercial

• Junior counsel for defendant in case in which the plaintiff sought a constructive trust over a large silver resource in a South American country because of an alleged breach of confidence.
• Junior counsel representing the defendants in several cases in which a wood products producer alleged breach of contract against a major forestry company because of price changes under long term supply agreements.
• Counsel in a dispute over intellectual property, product quality and contract terms in relation to a biotechnology licence enabling the manufacture of rapidly administered medical tests.
• Counsel in complex shareholder disputes being resolved in court and through a managed dispute resolution conducted by counsel.
• Junior counsel in contaminated property litigation centering on historical contamination of indeterminate origin.
• Junior counsel in the currently ongoing British Columbia tobacco litigation.
• Junior counsel acting for a Canadian specialty wood product producer seeking indemnity from a larger softwood lumber producer for legal fees and penalties in a prosecution brought by United States customs in relation to an importation scheme under the previous Softwood Lumber Agreement.

Consitutional

• Counsel for women ski jumpers seeking inclusion in the 2010 Olympic Winter Games through an action against VANOC under the Canadian Charter of Rights and Freedoms.

International Law and Trade

• Junior counsel to two Canadian forestry companies taking action against the Government of the United States of America under Chapter 11 of the North American Free Trade Agreement in relation to the United State's conduct of the softwood lumber dispute. This was the first Chapter 11 case to go through the Article 1126 consolidation procedures, and the first case to test the relationship between the Treaty's AD-CVD and investment chapter.
• Junior counsel to an American courier company in its arbitration against the Government of Canada under NAFTA's Chapter 11, alleging that advantages provided to the courier owned by Canada Post were discriminating.
• Counsel and junior counsel in a number of matters, actions and motions regarding private international law including issues related to jurisdiction, extraterritoriality and Canadian interpretive presumptions regarding compliance with international law.
• Counsel advising on NAFTA, WTO and arbitration provisions in numerous transactions including the implications of the WTO and NAFTA procurement provisions on P3 project investments.
• Junior counsel advising a client with respect to its rights under the international treaties governing water flow in the Kootenay and Columbia River systems.

Regulatory/Administrative

• Counsel to forestry firm in an appeal to the BC Forest Appeals Commission regarding tenure rates.
• Junior counsel in appeals of environmental permit before the BC Environmental Appeal Board.
• Counsel to English investor before Investment Canada, seeking approval for its investment in a BC P3 project. Mr. Horswill assisted in securing the first Investment Canada approval for a P3 investment.

Directorships, Memberships & Professional Activities

• Chair of the International Law Subsection of the CBA BC Branch.
• Member of the Executive of the National CBA International Law Section

Volunteer Work

• Pro-bono representation of clients through the Multiple Sclerosis Society
• Participant in the Pro-Bono BC chambers duty counsel project.

Other Activities

• Member, Canadian Bar Association
• Member, CBA Trade and Investment Committee
• Member, CBA-BC Subsection on Consitutional Law
• Member, Law Society of British Columbia
• Member, Vancouver Bar Association

Education

• LL.B., Dalhousie University Law School, 2003
• B.A., University of British Columbia, 1999

Place and Year of Call

• British Columbia, 2004

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