Emily MacKinnon is a skilled litigator with over a decade of experience in high-stakes litigation and arbitration. She is a trusted advisor and a veteran strategist. A sophisticated legal thinker and an exceptional oral advocate, Emily has argued at the Supreme Court of Canada and at all levels of court in British Columbia, Manitoba, Alberta, and Ontario.
Adept at identifying the crux of an issue, Emily provides practical advice to help her clients navigate thorny commercial disputes. She excels in matters involving complex statutory and contractual schemes. Her wide experience includes successfully defending class actions, construction disputes, and contract and tort cases. She has argued a wide variety of appeals with issues ranging from defamation to shareholder disputes, constitutional law, and trusts.
Emily is a leader in the community. She sits on the board of directors of Vancouver Opera, the National Self-Represented Litigants’ Project, and the UBC Allard School of Law Alumni Association. Emily maintains an active pro bono practice, and she is an adjunct professor at UBC. She also works as a legal officer for the Canadian Forces Reserves.
Emily received her JD from the University of British Columbia in 2012, where she graduated as the gold medalist and as a Wesbrook Scholar. Following her graduation from law school, she clerked at the Supreme Court of Canada for Chief Justice Beverley McLachlin.
Representative Work
- Vigil Health Solutions Inc.
Vigil Health Solutions in its acquisition by ASSA ABLOY
- Mobify
Mobify in its acquisition by Salesforce
- Urgent appearances for corporate clients to obtain relief from statutory obligations made necessary by COVID-19
- Canadian National Railway Company, Canadian Pacific Railway Company, and Burlington Northern Santa Fe, LLC v. British Columbia: acted for Canadian railway companies before the Environmental Appeal Board, challenging the constitutionality of British Columbia’s attempt to obtain safety and security-sensitive information
- Walter v. British Columbia, 2019 BCCA 221: acted for the intervenor Community Legal Assistance Society challenging the constitutionality of the Attorney General’s discretion to set the remuneration of the British Columbia Review Board
- Reference re Environmental Management Act (British Columbia), 2019 BCCA 181: acted for the Railway Association of Canada in a landmark case concerning the constitutionality of BC’s proposed legislation
- Létourneau c. JTI-MacDonald Corp., 2015 QCCS 2382, 2019 QCCA 358: acted for a defendant group in this product liability class action claiming damages for failure to warn of the risks of smoking
- Growthworks Commercialization Fund Ltd. v. Growthworks WV Management Ltd., 2019 ONCA 371, 2018 ONCA 233, 2017 ONSC 5009: acted for the successful petitioner in disputes over the interpretation of articles and contractual arrangements
- Godfrey v. Sony Corporation, 2016 BCSC 844, 2017 BCCA 302, 2019 SCC 42: acted for a defendant group in this competition class action claiming damages arising from an alleged conspiracy to fix the prices of optical disk drives
- Her Majesty the Queen v. Rothmans Inc., 2019 NBQB 44: acted for the successful moving parties in a motion concerning the interpretation of novel statutory provisions permitting sampling of documents
- Re Solicitor-Client Privilege of Things Seized, 2019 BCSC 91: acted for the intervenor Law Society of British Columbia in a case concerning electronic disclosure
- British Columbia v. Philip Morris International, Inc., 2018 SCC 36, 2016 BCCA 203, 2015 BCSC 844: acted for the respondent in a case concerning novel statutory discovery provisions
- Sekhon v. Royal Bank of Canada, 2017 BCSC 497: acted for the defendant Toronto Dominion Bank in successfully opposing certification of this proposed class action
- British Columbia (Securities Commission) v. Clozza, 2017 BCSC 419: acted for the petitioner Securities Commission in a complex case concerning the Commission’s ability to compel testimony and documents
- Shah v. LG Chem, Ltd., 2015 ONSC 6148, 2017 ONSC 2586: acted for a defendant group in this competition class action claiming damages from an alleged conspiracy to fix the prices of lithium-ion batteries
- Alberta (Information and Privacy Commissioner) v. University of Calgary, 2016 SCC 53: acted for the intervener British Columbia Freedom of Information and Privacy Association in a case concerning the interpretation of provincial statutes protecting privileged information from disclosure
- Canada (National Revenue) v. Thompson, 2016 SCC 21: acted for the respondent Duncan Thompson in a case concerning the interpretation of provisions of the Income Tax Act requiring disclosure of privileged records
- Wakeling v. United States of America, 2014 SCC 72: acted for the intervener British Columbia Civil Liberties Association in a case concerning the international sharing of information obtained through wiretap
Vigil Health Solutions in its acquisition by ASSA ABLOY
Mobify in its acquisition by Salesforce
- Walter v. British Columbia, 2019 BCCA 221: acted for the intervenor Community Legal Assistance Society challenging the constitutionality of the Attorney General’s discretion to set the remuneration of the British Columbia Review Board
- Reference re Environmental Management Act (British Columbia), 2019 BCCA 181: acted for the Railway Association of Canada in a landmark case concerning the constitutionality of BC’s proposed legislation
- Létourneau c. JTI-MacDonald Corp., 2015 QCCS 2382, 2019 QCCA 358: acted for a defendant group in this product liability class action claiming damages for failure to warn of the risks of smoking
- Growthworks Commercialization Fund Ltd. v. Growthworks WV Management Ltd., 2019 ONCA 371, 2018 ONCA 233, 2017 ONSC 5009: acted for the successful petitioner in disputes over the interpretation of articles and contractual arrangements
- Godfrey v. Sony Corporation, 2016 BCSC 844, 2017 BCCA 302, 2019 SCC 42: acted for a defendant group in this competition class action claiming damages arising from an alleged conspiracy to fix the prices of optical disk drives
- Her Majesty the Queen v. Rothmans Inc., 2019 NBQB 44: acted for the successful moving parties in a motion concerning the interpretation of novel statutory provisions permitting sampling of documents
- Re Solicitor-Client Privilege of Things Seized, 2019 BCSC 91: acted for the intervenor Law Society of British Columbia in a case concerning electronic disclosure
- British Columbia v. Philip Morris International, Inc., 2018 SCC 36, 2016 BCCA 203, 2015 BCSC 844: acted for the respondent in a case concerning novel statutory discovery provisions
- Sekhon v. Royal Bank of Canada, 2017 BCSC 497: acted for the defendant Toronto Dominion Bank in successfully opposing certification of this proposed class action
- British Columbia (Securities Commission) v. Clozza, 2017 BCSC 419: acted for the petitioner Securities Commission in a complex case concerning the Commission’s ability to compel testimony and documents
- Shah v. LG Chem, Ltd., 2015 ONSC 6148, 2017 ONSC 2586: acted for a defendant group in this competition class action claiming damages from an alleged conspiracy to fix the prices of lithium-ion batteries
- Alberta (Information and Privacy Commissioner) v. University of Calgary, 2016 SCC 53: acted for the intervener British Columbia Freedom of Information and Privacy Association in a case concerning the interpretation of provincial statutes protecting privileged information from disclosure
- Canada (National Revenue) v. Thompson, 2016 SCC 21: acted for the respondent Duncan Thompson in a case concerning the interpretation of provisions of the Income Tax Act requiring disclosure of privileged records
- Wakeling v. United States of America, 2014 SCC 72: acted for the intervener British Columbia Civil Liberties Association in a case concerning the international sharing of information obtained through wiretap
Latest Insights
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Osler Update Jul 24, 2024
SCC affirms limited government immunity for enacting Charter-violating legislation
Governments may be liable for damages where legislation was clearly unconstitutional when enacted or enacted in bad faith or as an abuse of power.
Read more
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Osler Update Jun 27, 2024
B.C.’s forever litigation: first tobacco, then opioids, now ‘forever chemicals’
On June 21, 2024, the B.C. government filed a proposed national class action in the Supreme Court of British Columbia against manufacturers of...
Read more -
Osler Update Mar 22, 2024
No longer just tobacco and opioids: B.C. plans commencing more class actions to recover health care costs involving virtually any product
On March 14, 2024, the province of British Columbia proposed broad multi-government class action legislation to claim costs arising from...
Read more -
Blog Feb 20, 2024
‘Lacuna matata’: should we worry about a gap in B.C.’s domestic arbitration scheme?
The British Columbia Court of Appeal has found a gap in the province’s arbitration system that affects dispute deficiencies and appeals.
Read more
Awards and Recognition
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Chambers Canada: Canada’s Leading Lawyers for Business: Recognized in Litigation: General Commercial (British Columbia)
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Lexpert Rising Stars: Recognized as a Rising Star (2021)
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Best Lawyers: Recognized as “One to Watch” in Corporate and Commercial Litigation
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The University of British Columbia Young Alumna Award 2014
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University of British Columbia Wesbrook Scholar 2012
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Law Society of British Columbia Gold Medal, University of British Columbia 2012
Media Mentions
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Osler News Jun 1, 2023
Osler is the national presenting sponsor of The Art of Leadership for Women
Osler is the national presenting sponsor of The Art of Leadership for Women, a conference that brings together women...
Read more -
Media Mentions Jan 27, 2023
‘Reasonable hypotheticals’ here to stay, SCC rules in revised framework for Charter review of MMPS – The Lawyer’s Daily
A majority of the Supreme Court of Canada has ruled unconstitutional the Criminal Code’s recently repealed four-year mandatory minimum penalty for...
Read more -
Osler News Nov 23, 2022
The class actions certification pendulum is swinging back, say lawyers – Lexpert
After showing a “great willingness to certify” class actions, Canadian courts are increasingly looking for “some meat in the action.” Osler...
Read more -
Osler News Jun 15, 2022
25 Osler lawyers recognized in Lexpert Special Edition: Infrastructure 2022
Congratulations to 25 of our lawyers for their inclusion in the Lexpert Special Edition: Infrastructure 2022.
Read more
Community Involvement
- Canadian Forces Reserves, Legal Officer
- University of British Columbia Allard School of Law Alumni Association, Treasurer
- Vancouver Opera, Trustee and Board Member
- National Self-Represented Litigants Project, Board Member
- Adjunct Professor, University of British Columbia
Speaking and Writing
Speaking Engagements
AccessPrivacy Monthly Call: Data litigation roundtable: key takeaways from recent privacy decisions
Read moreAccessPrivacy Monthly Call: Data Litigation Roundtable: highlights from recent jurisprudence in the privacy sphere
Read moreAccessPrivacy Monthly Call: Data litigation roundtable: privacy class actions update
Read morePublished Work
Media Mentions
- Quoted in Supreme Court of Canada tackles mandatory minimum sentences for firearms, Canadian Lawyer, written by Zena Olijnyk, March 2022
Publications
- Valuation in mining cases: Lessons from the Re Nord Gold SE dissent proceeding, Mining in the Courts Vol IX, March 2019
- The SCC versus the ‘culture of complacency’: R. v. Cody, Canadian Appeals Monitor, July 2017
- You and Your Robot Are Welcome Here: Canada’s Friendly Drone Laws, Canadian Privacy Law Review, September 2015
- Certify Now, Ask Questions Later (with Caroline Zayid and Pierre-Jérôme Bouchard), 2015 Lexpert / American Lawyer, January 2015
- Lawyers and the Media (with Simon Potter and Emira Tufo), Canadian Bar Association Legal Conference, August 2014
- The Executive Branch: Defender of Canadian Liberties (with Simon Potter), Canadian Bar Association Constitutional and Human Rights Conference, June 2014
- The Gender of Lying: Feminist Perspectives on the Non-Disclosure of HIV Status (with Constance Crompton), University of British Columbia Law Review, July 2012
- Prostitution and the Law in Canada: Constitutional and Social Crossroads, Prostituzione e Diritto Penale, October 2014
- Prostitution and the Law in Canada: Constitutional and Social Crossroads, Università di Parma International Law Seminar, Parma, Italy, June 2012
- R v. Mabior and R v. DC: Rethinking the Criminalization of HIV Non-Disclosure in the SCC (with Isabel Grant), UBC Law at Allard Hall Colloquium, February 2012
Credentials
Education
- University of British Columbia, J.D.
- University of British Columbia, MA
- University of Ottawa, BMus
Languages
- English
- Italian
- French
Professional Affiliations
- Law Society of British Columbia
- Law Society of Ontario
- Canadian Bar Association
- Advocates’ Society
- Vancouver Bar Association
