Toby advises public and private sector clients on litigation and regulatory matters across western Canada and the North, including all three Territories. Based in Yellowknife, his practice spans a broad range of legal issues, including environmental, energy, mining, land, construction, receivership, and Aboriginal and Indigenous law.

He has appeared before administrative tribunals, superior and appellate courts, and has acted as counsel in three matters before the Supreme Court of Canada. Toby is also experienced in defamation law and its intersection with freedom of expression.

Toby maintains an active parliamentary law practice, serving as Law Clerk to the Legislative Assembly of the Northwest Territories and providing ad hoc advice to other legislatures across Canada. He is currently past-President of the Association of Parliamentary Counsel in Canada. He was named a Lexpert Rising Star in 2021 and is recognised by Chambers Canada in Band 1 for General Business Law in Northern Canada and the Arctic.

Before relocating to Yellowknife in 2014, Toby practised in the Vancouver office of Lawson Lundell and previously clerked at the Supreme Court of British Columbia. He also contributes regularly to the firm's Insights and other publications, writing on legal issues relevant to northern Canada.

He spends as much of his spare time as possible with his two young kids at his cabin and mining claim outside Yellowknife.

Languages
English, German

Bar Admissions
British Columbia (2011)
Northwest Territories (2014)
Nunavut (2014)
Alberta (2015)

Education
University of British Columbia (B.Sc. (Honours), Global Resource Systems, 2004)
University of New Brunswick (LL.B., (with distinction) 2009)

Significant Accomplishments
Co-counsel to Chevron Canada Limited (a refinery operator) and Chevron Canada Resources (a producer and pipeline shipper) in a pipeline transaction tariff hearing before the National Energy Board regarding allocation of pipeline capacity on the TransMountain Pipeline. Application for approval of Tariff Amendments regarding Verification Procedures, RWH-001-2013.

Successfully defended an application brought by a former spouse against a pension administrator for an interest in the former spouses pension plan (Fricker v. British Columbia Pension Corporation, 2014 BCSC 1729)

Represented 2274659 Ontario Inc. in an application for party status by a First Nation in a surface rights dispute (2274659 Ontario Inc v Canada Chrome Corporation, Ontario Mining and Lands Commissioner, 2012)

Represented the BC Civil Liberties Association before the Supreme Court of Canada in opposing a publication ban over allegedly defamatory speech (AB v Bragg Communications Inc., 2012 SCC 46)

Successfully upheld a freezing order issued by the Securities Commission against persons being investigated for a Ponzi scheme,(Zhu v British Columbia (Securities Commission), 2013 BCCA 248)


Additional Information
*Canadian Bar Association of British Columbia, member of Environmental, Aboriginal and International law subsections
*Law Society of Northwest Territories Admissions Committee
*Project Law Blog, Contributor

Recognition and Ranking
*Highest standing in third year law school, plus prizes in Environmental Law, Community Planning and Legal Writing
*Top 10 oralist at Canadian Round of Jessup International Moot Competition (2009)
*Associate Editor, UNB Law Journal

Seminars/ Presentation
"Western Canada Legal Update: British Columbia", Western Chapter Education Seminar, Canadian Property Tax Association, Calgary, AB (March 19-20, 2012), Speaker

"Environmental Issues Relating to Fish", 6th Edition Environmental Law in BC Conference, Insight Information, Vancouver, BC (January 25-26, 2012), Speaker

Water Use in British Columbia (February 2015), Author

Federal Government Approves Meliadine Gold Mine (February 3, 2015)

"The Peel watershed decision's broader implications,", The Northern Miner (January 22, 2015), Co-author

After Tsilhqot'in - Aboriginal Issues for Project Proponents North of 60, The Northern Miner (November 4, 2014)

"Facebook Defamation Case Heard by the Supreme Court of Canada" (May 23, 2012), Author

Lawson Lundell Launches the Project Law Blog (May 10, 2012)

Project Law Bulletin: Environmental Assessment - Improving the Process (March 23, 2012), Author

"Environmental Law: Managing Risk - 'I Done What He Told Me To' - What to Do (and Not to Do) When the Regulator Calls" (November 21, 2011), Co-Author

"Trail Smelter II: A prudent approach? From extraterritoriality to non-discrimination", 43 University of British Columbia Law Review 109 (2010), Author

"The Canadian Environmental Assessment Act and Global Climate Change: Rethinking Significance", 47 Alberta Law Review 161 (2009)

Commercial Litigation and Dispute Resolution Blog

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Lawson Lundell's Commercial Litigation and Dispute Resolution Blog follows new and interesting issues emerging in the legal and business communities. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.

Environmental, Indigenous and Natural Resources Blog

Lawson Lundell LLP

Lawson Lundell's Environmental, Indigenous and Natural Resources Blog focuses on environmental, indigenous and natural resources law, as well as related litigation. Included are summaries of significant cases from Canadian appellate courts, changes in the legal framework governing resource development including energy and climate change policy, and key decisions from the more influential regulatory bodies in Canada.

North of 60 Blog

Lawson Lundell LLP

Our North of 60 Blog provides commentary on current legal trends and developments, and legislative updates affecting businesses in Northern Canada.

Privacy & Data Management Blog

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The Business Law Blog

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This blog is authored by members of the Litigation and Dispute Resolution Department. We intend to follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.