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 50 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 & 2025
  • Benchmark Litigation, Emerging Talent of the Year for Canada, 2024
  • Benchmark Litigation, Future Star, 2024 & 2025
  • Ranking in Best Lawyers in Canada in Corporate Commercial Litigation, 2025

 

*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:

Professional Activities

Education

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

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