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Roger D. Lee
Partner

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Biography

Roger Lee was born and raised in Vancouver and obtained a bachelor of arts degree in political science and history from the University of British Columbia in 1990. He obtained his law degree from Dalhousie University in Halifax in 1993, returned to Vancouver to article, and joined Davis as an associate in 1994.

Since his call to the bar, Mr. Lee has developed an extensive practice in trust and estate litigation and has given numerous lectures on the area to other legal practitioners as well as to other groups, such as the Certified General Accountants Association and the Canadian Association of Gift Planners. He advises corporate and individual trustees, as well as personal representatives, of their legal obligations and duties on a regular basis, and also acts for beneficiaries who question the actions of the trustees of their particular trusts.

Mr. Lee also deals with construction disputes on a regular basis, acting for owners, insurers, and contractors in claims relating to builders liens, design negligence, general construction defects and deficiencies, and their remediation.

In addition to the above, Mr. Lee has assisted clients on a broad range of other commercial litigation, including commercial fraud and recovery of assets, mortgage fraud, lease disputes (including rental arbitrations), and other land related disputes.

Mr. Lee has appeared as counsel before all levels of provincial courts, including the provincial family, small claims and criminal courts, the British Columbia Supreme Court, the British Columbia Court of Appeal, and the Queen's Bench of Saskatchewan. He has also appeared as counsel before commercial arbitrators and mediators and administrative tribunals, including the Canadian Institute of Actuaries and the residential tenancy board.

Mr. Lee has been listed in the The Best Lawyers in Canada directory under Trusts and Estates (Litigation) since 2006, and is recognized by Lexpert® as a leading practitioner in the field of estate and trust litigation.

Professional Experience

Mr. Lee has represented:

• several major charities on a regular basis in litigation arising out of various wills and trusts;
• corporate and individual trustees in contested passing of accounts;
• claimants and defendants in Wills Variation Act cases;
• owners, general contractors, and consultants on a variety of building construction matters, including negligence claims on several high-end residential premises involving the architects, structural engineers, and contractors; and
• on the commercial side, he has obtained Mareva injunctions for businesses subjected to fraud, prosecuted and defended actions for breach of lease obligations, and acted for tenants and landlords in rent arbitrations.

Recognition

Publications & Seminars

• Contributing editor of the British Columbia Probate and Estate Administration Practice Manual
• "Replacing the Personal Representative", presented at the 1998 Conference on Estate Issues by the Pacific Business & Law Institute
• "Problem Wills and the Regime Under the Indian Act", presented at the 1999 Continuing Legal Education Seminar on Estate Litigation
• "Update on Significant Cases Dealing with the Wills Variation Act", presented at the 2001 Continuing Legal Education Seminar on Estate Litigation
• "Challenges to Charitable Bequests", presented at the 2003 Continuing Legal Education Seminar on Estate Litigation

Other Activities

• Past chairperson, British Columbia Wills & Trusts Subsection of the Canadian Bar Association
• Member, B.C. Continuing Legal Education's Wills Advisory Committee
• Lecturer at various conferences and seminars relating to estate and trust litigation
• Member, Law Society of British Columbia
• Member, Canadian Bar Association

Education

• LL.B., Dalhousie University, 1993
• BA, University of British Columbia, 1990

Place and Year of Call

• British Columbia, 1994

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