Carina Chiu Photo
Carina Chiu Photo
Carina Chiu Photo

Carina is a Litigation & Dispute Resolution lawyer based in the Vancouver office. Her practice focuses on complex, corporate commercial disputes.

She has substantial experience with various types of conflicts, including oppression claims, valuation disputes under buy-out provisions in shareholder agreements, partnership disputes, commercial landlord and tenant disputes, licensing matters, breach of contract claims, breach of confidence claims, and fraud/civil conspiracy actions.

She also has extensive experience obtaining and resisting injunctive relief for clients.

She has appeared as counsel in the British Columbia Supreme Court and the Provincial Court of British Columbia. She has acted as counsel in commercial and international arbitration matters under the BC Arbitration Act and the International Chamber of Commerce (ICC) Rules.

She is also a member of McMillan’s Transportation Group, acting on behalf of shippers seeking statutory relief under the federal Transportation Act.

Clients rely on Carina for her thorough and well considered, yet pragmatic advice.



Representative Matters

  • Meadow Lake Mechanical Pulp Inc. (MLMP) in its level of service complaint against Canadian National Railway Company (CN) culminating in Canadian Transportation Agency Letter Decision No. CONF-R-2023, including successful defense of CN’s motion for leave to appeal that decision, and the Agency’s determination of expenses payable to MLMP due to CN’s service failures in Agency Decision-CONF-R-9-2023 (2023)
  • Successful petition for commercial landlord in well-publicized matter requiring department store retailer to pay full rent during pandemic.
  • Successful defence of arbitral claim in relation to interpretation of costs under commercial real estate contract, resulting in dismissal of all claims against client. Decision upheld by British Columbia Court of Appeal.
  • Successful defence of application to overturn garnishing order obtained on ex parte basis in the amount of $600,000.
  • Successful application to lift settlement privilege and compel production of certain documents relevant to litigation.
  • Counsel for software provider in international arbitration in relation to breach of software licensing agreement.
  • Counsel for winery group in respect of valuation dispute relating to alleged bias of valuator in context of share buy-out.

News


Rankings & Recognitions

  • Recognized by Best Lawyers in Canada (2024) as a “One to Watch” in the area of  Corporate and Commercial Litigation and Real Estate Law
  • Recognized by Best Lawyers in Canada (2023) as a ‘One to Watch’ in the area of Corporate and Commercial Litigation and Real Estate Law
  • Health Law Moot Top Oralist Award – 2017
  • Recognized by Best Lawyers in Canada (2022) as a ‘One to Watch’ in the area of Corporate and Commercial Litigation

Community Involvement

  • Access Pro Bono, Barristers’ Roster and Tribunal Program – Volunteer Counsel

Directorships & Affiliations

  • Canadian Bar Association British Columbia (CBABC), Civil Litigation – Member-at-Large
  • NutritionLink Services Society – President (Former Chair of Grants Committee)

Education & Admissions

2018
Called to the Alberta bar
2018
Called to the British Columbia bar
2017
JD University of Alberta
2013
BA (Honours) University of Calgary

Publications

Insights (9 Posts)View More

Featured Insight

Lexology Panoramic’s Rail Transport Guide 2024

The 2024 edition of Lexology Panoramic’s Rail Transport stands as the foremost and extensive repository of information on global railroad laws.

Read More
Feb 1, 2024
Featured Insight

A “Thumbs-Up” to Emojis in Contract Interpretation: Applicability of the South West Decision to British Columbia

Summary of South West Terminal Ltd. v Achter Land, 2023 SKKB 116 and applicability to British Columbia.

Read More
Aug 15, 2023
Featured Insight

Money in the Bank: Guidance from B.C. Court of Appeal on Characterizing Funds as an Investment or Loan

Case study on British Columbia Court of Appeal decision of Broer v. Multiguide GmbH, 2023 BCCA 134 in characterizing funds as investment or shareholder loan.

Read More
Jul 25, 2023
Featured Insight

Phantom Footnotes: First Canadian Court Issues Direction on the Use of Artificial Intelligence in Court Submissions

An overview of the Court of King's Bench of Manitoba's practice direction on the use of artificial intelligence in the preparation of court submissions.

Read More
Jun 28, 2023
Featured Insight

Fourth and Long: B.C. Supreme Court Rejects Players’ Injunction Application to Reverse Simon Fraser University’s Decision to Discontinue its Football Program

Kremler v Simon Fraser University, 2023 BCSC: British Columbia Supreme Court dismisses SFU football players' application for interlocutory injunction.

Read More
Jun 26, 2023
Featured Insight

The Sky is the Limit: B.C. Court of Appeal Upholds $2 Million Summary Judgment Award for Breach of Contract

British Columbia Court of Appeal upholds British Columbia Supreme Court $2 million summary judgment award for breach of contract.

Read More
Apr 20, 2023
Featured Insight

New AML Requirements for Luxury Goods Likely: The Cullen Commission on Money Laundering Recommendations Respecting Luxury Goods and the Automotive Sector

Cullen Commission of Inquiry into Money Laundering in British Columbia’s AML recommendations for the luxury goods sector (including automotive) are discussed.

Read More
Jul 8, 2022
Featured Insight

Excess Baggage: Round Two of the Westjet Baggage Fee Class Action

Trotman v WestJet Airlines Ltd, 2022 BCCA 22- appeal of class action certification against Westjet relating to charging of baggage fees.

Read More
Feb 11, 2022
Featured Insight

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

In the Bag: Court Certifies Class Action for Westjet Baggage Fees

Read More
Jan 29, 2021