Richard Butler

BA (Hons), MA, LLB (Victoria)

On completing law school, Richard Butler articled with the British Columbia Ministry of Attorney General, and has practised there ever since.
 
From 1991 to 2005, he represented the government on almost every major corporate insolvency involving governmental issues and interests. He was also deeply involved in developing the law on student loan bankruptcies.

In 2002, he represented the Attorney General in the Christian Brothers of Ireland in Canada winding-up proceedings in British Columbia and Ontario, and mediated a settlement to avoid sale of Vancouver College and St. Thomas More Collegiate. Following from that case, he developed the policy and had a leading role in the enactment of the British Columbia Charitable Purposes Preservation Act.  He is currently co-counsel in insolvency proceedings of The Land Conservancy involving the application of that Act.

Since 2005, the focus of Mr. Butler’s practice has shifted toward constitutional and administrative law. He has represented the Attorney General as counsel in important constitutional cases at all levels of court, including numerous appearances as counsel in the Supreme Court of Canada.   

From around 2009, he has been a some-time member of the British Columbia Supreme Court Model Insolvency Order Committee and has published a series of articles and spoken at local and national conferences about how the constitutional doctrine of paramountcy properly applies in insolvency proceedings.

Mr. Butler taught Bankruptcy Law with us in 2014 and has made guest appearances at TRU in classes on administrative law, constitutional law, property law, torts, trusts and secured transactions.

 Publications
  1. “Is Notice of Constitutional Question Required in Criminal Proceedings?” (2008), The Advocate Vol. 66 Part 1, page 55 and Part 2. page 201
  2. “Using Federal Paramountcy to Get the Job Done in Companies’ Creditors Arrangement Act Proceedings” (2008), Fourth Annual Pan-Canadian Insolvency and Restructuring Conference, Canadian Bar Association
  3. “Defamation, Media Privilege and the Charter: Cusson v Quan and Grant v Torstar Corp.” www.thecourt.ca, (three parts) April 23, 24 and 25, 2009
  4. “Reshaping the “Living Tree”: Recent Developments in the Division of Powers under Canada’s Constitution” www.thecourt.ca, February 9, 2010
  5. “The Division of Powers Before and After Consolidated Fastfrate” www.thecourt.ca, March 2, 2010
  6. “The Passing of Reputation: Recent Developments in the law of Defamation in Canada” (2010), The Advocate Vol. 68, page 539
  7. “Matters of a Merely Local Nature? Subsidiarity and the Distribution of Powers under Canada’s Constitution” (2010), Canadian Bar Association, British Columbia Branch, subsection papers
  8. “Restructuring Objectives Aren’t Always Paramount” Annual Review of Insolvency Law 2010 (Carswell, 2011)
  9. “Environmental Issues under the Companies’ Creditors Arrangement Act after Newfoundland and Labrador v AbitibiBowater Inc.  A Legislative Response?” (2012), Insolvency Institute of Canada conference papers
  10. “Case comment: Newfoundland and Labrador v AbitibiBowater Inc. ‘Not quite the conflagration we’d been banking on’” Annual Review of Insolvency Law 2012 (Carswell 2013)
  11. “The Ghost in the Machine: Constitutional Underpinnings of the Supreme Court of Canada’s Decision-making in AbitibiBowater and Indalex” (2013), Ninth Annual Pan-Canadian Insolvency and Restructuring Conference, Canadian Bar Association
  12. “Wreckage Still Litters the Intersection: Comment on the Ontario Court of Appeal decisions in Nortel Networks and Northstar Aerospace and beyond” (forthcoming) Annual Review of Insolvency Law 2013 (Carswell, 2014)
 Conferences
  1. Represented Canadian Counsel of Ministers of Environment at plenary session of Bankruptcy and Insolvency Advisory Committee meetings in Ottawa, and follow-up week-long study session on amendments to BIA and CCAA provisions dealing with environmental remediation (1996-97)
  2. Presentation on access to justice at Canadian Bar Association aboriginal law subsection meeting (2006)
  3. Presentation of paper on paramountcy at Fourth Annual Pan-Canadian Insolvency and Restructuring Conference (2008)
  4. Presentation of paper on subsidiarity and constitutional distribution of powers at Canadian Bar Association municipal law subsection meeting (2010)
  5. Presentation of paper on paramountcy at Eighth Annual Review of Insolvency Law Conference (2010)
  6. Presentation of paper on paramountcy at Insolvency Institute of Canada Annual Conference (Sept. 2012)
  7. Presentations on the standard of review in administrative decision-making as an in-house CLE within the government, at a Thompson Rivers University administrative law class (February, 2013), to the British Columbia Circle of Chairs of Administrative Tribunals (April, 2013) and to their counsel (June, 2013)
  8. Presentation on recent developments in insolvency law at the Supreme Court of Canada to the Canadian Bar Association, bankruptcy and insolvency subsection meeting (April, 2013)
  9. Presentation of paper on Nortel and Northstar at Annual Review of Insolvency Law (upcoming, February, 2014)
Contact

Office:
OM 4733
Phone:
778-471-8456