Jessica Lithwick

Partner

Jessica Lithwick is a respected and compassionate advocate who has appeared and made submissions before various administrative tribunals, the Supreme Court of British Columbia, British Columbia Court of Appeal and Supreme Court of Canada.  She has a broad civil litigation practice where she draws upon her experience in civil disputes, criminal defence work, Charter litigation and administrative proceedings to adeptly maneuver complex situations and be a forceful advocate for her clients.

Jessica has spent the bulk of her career practicing at litigation boutiques in Vancouver’s Gastown neighbourhood.  Her practice focuses on real estate disputes, corporate disputes, commercial litigation and professional regulation.  However, she also has an active human rights practice and is committed to contributing to positive social change through that work.

  • Clerked at the British Columbia Court of Appeal, 2011 – 2012

Education

  • J.D. (Honours), University of Toronto, 2011
  • B.A., University of British Columbia, 2008

Bar Admissions

  • British Columbia, 2012
  • Canadian Bar Association
  • West Coast Legal Education and Action Fund
  • Access Pro Bono
  • Hillel BC
  • Canadian Jewish Political Affairs Committee
  • Various volunteer learning and teaching engagements with the legal community

R. v. Kirkpatrick 2022 SCC 33, lead counsel for the West Coast Legal Education and Action Fund (“West Coast LEAF”) in its intervention at the Supreme Court of Canada, successfully arguing that the law should recognize that sex with a condom and sex without a condom are two different sexual acts such that violating a person’s consent to have sex with a condom only in a sexual assault regardless of whether or not the absence of a condom posed a health care risk for the complainant

A.B. v. C.D., 2020 BCCA 11, counsel for one of two successful respondents in an appeal wherein the Court of Appeal confirmed a mature transgender minor’s right to consent to hormone therapy for treatment of his gender dysphoria despite his father’s opposition to that treatment

United States of America v. Beumann, 2020 BCCA 114, successfully opposed a vexatious litigant order application on behalf of a transgender respondent in an extradition case

WestCorp Solutions Ltd. v. Collins et al, 2019 BCCA 69, counsel for the successful applicant in its application to dismiss the appeal as abandoned

Trinity Western University v. Law Society of British Columbia, 2016 BCCA 423, co-counsel for West Coast LEAF, arguing that Trinity Western University’s Community Covenant discriminates against women

R. v. Ejigu, 2016 BCSC 2278, co-counsel for the defendant, securing an acquittal for Ms. Ejigu on the basis of her being not criminally responsible due to mental disorder

R. v. Ejigu, 2016 BCSC 1487, co-counsel in the defendant’s challenge to the Criminal Code provisions governing the defence of not criminally responsible by reason of mental disorder as contrary to the Canadian Charter of Rights and Freedoms

Mulligan v. Stephenson, 2013 BCSC 1384, co-counsel in the plaintiff’s successful claim of breach of fiduciary duty against his realtor and mortgage broker

Inglis v. British Columbia (Minister of Public Safety), 2013 BCSC 2309, co-counsel for the British Columbia Civil Liberties Association, successfully arguing that decision to cancel the mother-baby program at the Alouette Correctional Centre for Women was discriminatory

Jessica Lithwick

E: [email protected]
T: 604-646-1002

Assistant:
Janaina Diniz
E: [email protected]
T: 604-646-1020

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