Derek Creighton has close to 30 years of trial experience. He acted as senior counsel for the City of Vancouver between 1979 and 2000. There he learned the art of advocacy through the sheer high volume of court appearances. He has developed the ability of rapid accurate assessment and extemporaneous reasoning. Since 2000 he has entered private practice, placing his skills at the disposal of individual and corporate litigants.
Derek has appeared at all court levels in British Columbia as well as in most administrative settings. He has the experience and skill to evaluate complex factual disputes, analyze core legal issues and provide sound advice while recognizing and addressing the complex life and business issues that face each client.
Municipal, Government and Police Litigation and Consultation
Derek has been retained both by municipalities and municipal citizens who have required representation in respect of license suspensions, encroachments, variance appeals and challenges to WCB determinations.
Derek has acted as counsel in a number of high profile court challenges, such as representing the former Board of Variance to argue the validity of its termination and representing the Hastings Park Conservancy to dispute the City of Vancouverís jurisdiction over Hastings Park.
During his time as senior counsel for the City of Vancouver, Derek defended large damage claims for the wrongful refusal of zoning approval, judicial review applications concerning by-law challenges, constitutional challenges of licence revocation and Board of Variance jurisdiction and obtained injunctive relief for the City. Derek handled a wide variety of claims against members of the Vancouver Police Department as the City representative. Since entering private practice he has provided advice to a variety of organizations such as the Abbotsford Police department.
Commercial and Construction Litigation
Derek has represented a number of strata corporations, utilizing his team to economically handle and successfully advance building envelope claims.
He has brought issues before the B.C. Court of Appeal resulting in a decision defining the precise nature of a strata corporation and the ownership rights of members and has obtained injunctive relief in the connection with suspected civil fraud by a strata management corporation.
Derek has acted as counsel for Fairchild Developments in relation to leasehold and commercial matters and has represented clients seeking relief in contractual and other disputes in the context of the manufacturing and mining industries as well as those seeking to enforce patents in Federal Court.
Employment and Human Rights Litigation
Derek handled the majority of the City of Vancouverís labour arbitrations for the Police, fire department and health department from 1979 to 1998. He also represented the Vancouver School Board and related agencies. As such, he defended numerous civil wrongful dismissal claims, human rights complaints and legal challenges, providing advice on a wide range of human rights and labour issues.
In private practice Derek has obtained a record damage settlement of 42-months compensation for an employee having only four-years of employment tenure and he obtained a multimillion dollar award in the form of a pension for life as well as hundreds of thousands of dollars in retroactive pension funds for a Workersí Compensation Board appeal.
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