Malcolm Funt

Partner

T: 604.363.7121
E: mfunt@bfg-law.ca

Malcolm-Funt-6_BFG_July_2023

Malcolm carries on a general litigation practice with a particular interest in appeals, contract and partnership disputes, real estate litigation, class action defence and environmental contaminated sites litigation. In addition, Malcolm has acted on a number of cases involving claims of fraud and breach of fiduciary duties. Malcolm also regularly acts for franchisors and franchisees in franchise disputes.

Since opening the firm in 2017, Malcolm has argued over 45 reported decisions including as counsel on eight trials, spanning over 130 trial days in the BC Supreme Court and numerous appeals at the BC Court of Appeal. Malcolm also has extensive experience negotiating out of court settlement agreements through mediation.

Prior to founding Bojm, Funt & Gibbons LLP, Malcolm worked at Nathanson, Schachter & Thompson LLP, a boutique commercial litigation firm and as an associate and articling student in the Vancouver office of Blake, Cassels & Graydon LLP, a national law firm.

Malcolm is an adjunct professor at the UBC Faculty of Law where he teaches Topics in Private Law: Advanced Contract Law (Law432) to upper-year students and is the Co-Chair of the CBA BC Branch Appellate Advocacy Section.

Malcolm was recently recognized for the following litigation awards:

  • Chambers and Partners, Banded Ranking in Litigation: General Commercial, 2024
  • Benchmark Litigation, Emerging Talent of the Year for Canada, 2024
  • Benchmark Litigation, Future Star, 2024
  • Recognition by Best Lawyers in Canada as a “One to Watch” in the areas of Appellate Practice and Corporate Commercial Litigation, 2023 & 2024

 

*Practicing through the Malcolm B. Funt Law Corporation

Experience

Malcolm’s experience includes acting as counsel or co-counsel in the following types of matters.

Commercial Matters

  • Variety of commercial matters on behalf of both plaintiffs and defendants, including: breach of contract claims, shareholder claims of oppression and share dilution, breach of fiduciary duty, fraud, and breach of trust

Construction & Real Estate Litigation

  • Breach of contract cases, negligence claims, and partnership disputes in the area of construction and real estate litigation. Recently, Malcolm was co-counsel on two trials in the BC Supreme Court relating to land

Class Action Plaintiff & Defence

  • Class action work, including on the defence team of a national class proceeding involving a competition law claim and as plaintiffs’ counsel on a novel fraud and unjust enrichment claim
  • Recent settlement of two class proceedings, one involving a breach of privacy claim and another involving allegations of a complex investment fraud.

Environmental Litigation

  • Counsel on a number of contaminated sites matters, including as counsel on a multi-week trial in the B.C. Supreme Court over a multi-contributor contaminated site and acting for the respondents on subsequent appeal.

Franchise Litigation

  • Acting as counsel for both franchisors and franchisees on a variety of disputes arising from franchisee agreements, including rescission actions.

Appellate Advocacy

Malcolm has a growing appellate practice, including acting as counsel on the following appeals:

Education

  • J.D., University of British Columbia – 2014

  • B.Comm. (Finance), McGill University (with distinction) – 2011

Personal

  • Malcolm regularly provides legal advice through Access Pro-Bono and has been recognized in the British Columbia Court of Appeal’s 2018 to 2023 Annual Reports for his contributions to pro bono services on Court of Appeal cases.

  • Malcolm is also currently one of approximately 30 volunteer lawyers engaged in Access Pro Bono’s Appellate Program working to provide legal services to all self represented litigants who do not have the financial means to hire a lawyer at the appellate level.

  • Malcolm is involved in the development of legal education in British Columbia. In addition to teaching Advanced Contract Law, he has spoken at CLE conferences on Civil Litigation and Commercial Litigation, as well as guest lectured at the UBC Faculty of Law on injunctions in the environmental context. Malcolm is also a member of the Advocates’ Club, the Canadian Bar Association and the Vancouver Bar Association.

  • Malcolm served from 2019 to 2023 as the Chair of the Board of Directors of the Orcas Island Foundation and was recently a Big Brother as part of the Big Brothers of Greater Vancouver.

Publications

  • Author and Presenter: “Breach of Confidence”, Continuing Legal Education BC, Torts Conference, 2024
  • Presenter: CBABC Appellate Advocacy Section, Effective Factum Writing, 2024
  • Presenter: “Summary Trials”, Continuing Legal Education BC, 2024
  • Author and Presenter: “Certificates of Pending Litigation” Continuing Legal Education BC, Commercial Litigation Conference, 2023 and 2018
  • Presenter: CLEBC Civil Litigation Basics Seminar, April 2021
  • Speaker: “Acting as an Expert Witness in Contaminated Sites Litigation” June 2019 Society of Contaminated Sites Approved Professionals of British Columbia
  • Co-author: “Evidence” Annual Review of Law and Practice (CLEBC) 2016
Bojm, Funt & Gibbons LLP

Vancouver
505 – 1168 Hamilton St
Vancouver, BC, V6B 2S2

T: 604.558.1140

Victoria
301 – 1321 Blanshard St
Victoria, BC, V8W 0B6

T: 236.470.1040

We have a long track record of providing clients with excellent results.

General Enquiries

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