Bryan G. Baynham, KC

Associate Counsel


With fifty years of experience, Bryan is well-known as leading Canadian litigator.


Bryan is Associate Counsel with Harper Grey and the Chair of our Defamation, Privacy & Media Law Group. With a career spanning five decades, Bryan’s experience is vast, and he has represented clients across multiple industries. Over his lengthy career, he has provided advice and acted as counsel with respect to corporate and commercial disputes and all issues relating to aviation, real estate, contract, tort and defamation litigation. He has extensive experience and has represented various financial institutions in appellate proceedings.

Bryan is consistently recognized as a leader in his field by numerous legal ranking publications, including Lexpert, Benchmark Canada and Best Lawyers. Over the years, Bryan’s clients have come to count on him to provide business focused and strategic advice. He was appointed King’s Counsel in 1997, recognizing his exceptional merit and contribution to the legal profession.

  • University of Toronto, LL.B., 1972

  • University of Western Ontario, B.A. (Hons.), 1969

Bar Admission
  • Appointed King’s Counsel, 1997
  • British Columbia, 1973
Languages spoken
  • English
Condo Litigation
  • Representing individuals and groups of purchasers disputing pre-sale contracts for the purchase of condominiums from real estate developers in British Columbia

  • Successfully negotiating the return of all or part of the pre-sale purchase deposits to buyers who wanted to exercise their rights of rescission

Securities Litigation
  • Representing a defendant in an 80-day securities/conspiracy trial commenced by a brokerage firm

  • Representing brokerage firms and private individuals in various actions for negligence, breach of fiduciary duty, and fraud with respect to both on and off market securities transactions

Defamation & Breach of Privacy
  • Advising publishers and media outlets concerning defamatory and potentially defamatory statements both before and after publication

  • Successfully defending a vice principal and a school board in a seven-day jury trial involving defamatory remarks made on school property

  • Representing an elite athlete in a defamation action involving remarks made about her in an email exchange

  • Obtaining court orders requiring internet service providers to disclose the identity of people who post anonymous comments that defame clients and breach their rights to privacy

  • Pursuing claims for breach of privacy and defamation against websites and individuals who post compromising photos and comments

  • Acting for cabinet ministers, members of parliament, MLAs, mayors and councillors in a variety of defamation actions

Commercial Litigation
  • Representing the liquidator of the Christian Brothers of Ireland in Canada in ground breaking litigation to sell trust properties, including private schools, to satisfy outstanding claims for sexual abuse perpetrated by individual Christian Brothers at the Mount Cashel orphanage in Newfoundland. The liquidator ultimately made a recovery of $19 million by way of settlement.

  • Representing Kuehne & Nagel International at the Supreme Court of Canada in a landmark decision which changed the law by allowing third parties to claim the benefit of an exclusion clause in a contract to which they were not a party. This case also explored the boundaries between the law of contract and the law of tort and is recognized as the seminal decision in the ongoing debate concerning vicarious liability.

  • Representing an employer in a trial and appeal concerning vicarious liability for an independent contractor

Real Estate Litigation
  • Representing sellers and buyers in residential real estate litigation resulting from the failure to complete the purchase of a property

  • Pursuing and defending actions over disputes over the entitlement to deposits

  • Disputes between real estate agents and their clients

  • Acting for sellers and buyers in negligence claims against professional advisors including notaries and lawyers

  • Advising generally about the enforceability of Contracts of Purchase and Sale

  • Acting on behalf of multiple clients seeking recovery from developers for misrepresentation, fraud, and failure to comply with the Real Estate Development Marketing Act

Professional Credentials
  • Canadian Bar Association, BC Branch Subsections, Member: Aviation Law
  • The Law Society of British Columbia, Member


Recognized as a “Leading Lawyer” in the area of Defamation and Media Law in Canada by Best Lawyers®

2006 – 2024

Recognized as a “Leading Lawyer” in the area of Legal Malpractice Law in Canada by Best Lawyers®

2006 – 2024

Recognized as a “Leading Lawyer” in the area of Insurance Law in Canada by Best Lawyers®

2006 – 2024

Appointed Small Claims Adjudicator and Justice of the Peace by Province of British Columbia pursuant to Pilot project initiated by Chief Judge Hugh Stansfield, 2008 to present

Appointed King’s Counsel in 1997, a designation that recognizes a lawyer’s skill, contribution to the profession and to the justice system

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Bryan G. Baynham, KC