Kelly Ann Maw

Practice Areas

• Contractual Disputes

• Shareholder Disputes

• Securities Litigation

• Professional Negligence Claims

• Real Estate Disputes

• Commercial Arbitration

• Injunctions

• Regulatory Matters

• Defamation Claims

• Plans of Arrangement

• Franchise Disputes

• Appeals

Prior to joining Poulus Ensom Smith LLP, Kelly Ann practiced at a leading litigation boutique and at a national law firm in Vancouver.

Professional Memberships

Member, Canadian Bar Association

Member, Vancouver Bar Association

Member, Trial Lawyers Association of British Columbia

Member, The Advocates’ Society

Member, CBA Women Lawyers Forum Education Committee

Work Highlights

Successfully obtained leave to appeal a Mareva injunction granted in complex family, trust and estate litigation in Shakeri-Saleh v. Estate of Ahmadi-Niri including on the issue of the proper test to be applied for granting Mareva injunctions in British Columbia.

Successfully struck an affidavit as inadmissible expert opinion evidence at the outset of a 10 day class action certification hearing.

Successfully obtained an order to cross examine a purported expert on an affidavit opposing a certification application in respect of the Shangri-La Hotel building.

Counsel for a strata located in the Shangri-La Hotel, successfully obtained a sequencing order in a putative class action and defended an application to have a want of prosecution application proceed ahead of a certification application.

Successfully opposed an application for a mandatory injunction and obtained a rare order for costs for our client payable in any event of the cause and forthwith.

Assisted counsel in successfully defending a lengthy trial and an appeal in a case brought by bond investors and real estate purchaser in the redevelopment of the Oak Bay Beach Hotel. The case concerned the interpretation of the Real Estate Development Marketing Act and priority scheme under the Land Title Act.

Counsel in an appeal of a preservation order and a Mareva. In its decision, the Court of Appeal reviewed the law and test applicable to Mareva injunctions in British Columbia.

Successfully appealed a combined ex parte Mareva injunction and attachment order, and Anton Piller orders in a Court of Appeal decision reviewing the law and tests applicable to Mareva injunctions and Anton Piller orders in Albert.

Assisted to successfully obtain bankruptcy orders against two alleged operators of an investment scheme and an order to have 23 related actions managed together under a coordinated case management framework in RSC Enterprise Canada Inc. v. Tan.

Career

Kelly Ann’s general litigation practice focuses on commercial litigation, including breach of contract claims, insurance litigation, jurisdictional disputes and civil fraud. She has appeared in all levels of court in British Columbia and Alberta, as well as represented clients in alternative dispute resolution procedures.

Kelly Ann’s diverse litigation experience includes representing corporations, businesses and individuals, as well as work in class actions, injunctive relief, appeals, professional negligence claims, construction litigation and defamation.

Prior to joining Poulus Ensom Smith LLP, Kelly Ann practiced at a leading litigation boutique and at a national law firm in Vancouver.

Education

Awards