Kelsey is member of Harper Grey’s Health and Commercial Litigation Law Groups.
Kelsey is a dedicated litigator. In her commercial litigation practice, she has acted for both plaintiffs and defendants in a variety of commercial matters ranging from contractual disputes, labour and employment issues, claims against directors and officers, and defending clients against tax litigation. She has developed a specialty in litigation concerning confidential records.
Kelsey has a keen interest in cross-border litigation, particularly the enforcement of foreign judgements in Canada. She recently drafted submissions on behalf of the Canadian Bar Association to the Government of Canada regarding the renegotiation and modernization of NAFTA.
In her health law practice, Kelsey represents health professionals in civil actions, and in proceedings before regulatory bodies. She also provides advice to physicians on a wide range of medical-legal matters.
Kelsey has appeared at all levels of court in BC, as well as at the Federal Court of Canada and various tribunals. The Canadian Yearbook of International Law selected Kelsey’s article for publication in its 2017 volume, published in October 2018. The article, “When Immunity Means Impunity: Lessons for Canada from Recent Cases on State Immunity from Execution,” discusses the difficulties creditors may face when seeking to enforce a decision against a State. She was called to both the British Columbia and Ontario Bars in 2016 following her articles with Harper Grey.
Prior to articling, Kelsey clerked for the Ontario Superior Court of Justice. She attended law school at UBC, where she participated in the Global Environment and Resource Law Externship Program, the International Law Journal, and the Environmental Law Group, as well as representing UBC at the Jessup International Law Moot. She also spent a summer interning for the United Nations Environment Programme in Washington, D.C. Prior to studying law, Kelsey studied Environmental Policy, Political Science and English at the University of Toronto.
- N.E.T. v. British Columbia (Attorney General), 2018 BCCA 380 – successfully defended appeal of summary trial decision to dismiss on basis of limitation period
- N.E.T. v. British Columbia, 2018 BCCA 22 – application for indigent status brought by self-represented litigant
- N.T. v. British Columbia, 2017 BCSC 1742 – successful summary trial on limitation period, on issue of certification under the Mental Health Act
- Tiger Calcium Services Inc. v Secure Resources Inc., 2018 ABCA 354 – successful application for return of records seized as part of Anton Piller Orders that had been overturned
- National Bank Financial Ltd. v. LePoidevin, 2018 BCSC 1175 – successfully defended application to preclude examinations for discovery on basis of commonality of interest
- National Bank Financial Ltd. v. LePoidevin, 2018 BCSC 1190 – successfully opposed application for severance
- National Bank Financial Ltd. v. GWL Realty Advisors Inc., [unreported decision] – successfully obtained Norwich order compelling a third party to provide documents prior to the commencement of a lawsuit, setting novel precedent in BC
- LLS America, LLC – acted as counsel on multiple collections proceedings in relation to LLS America Ponzi scheme
- Wigen v. Wynndel Logging Co. Ltd., 2018 BCSC 881 – successfully defended oppression petition brought by shareholder in family forestry company
- A.M. v. B.L., Vancouver Registry Docket 20171121 [unreported decision of Master Baker], acted for psychiatrist in application by defendant for plaintiff’s psychiatric records
- Andrew Peller Ltd. v. Mori Vines Inc., 2017 BCSC 203 – acted for fourth party in application to transfer proceedings to Ontario on basis of forum conveniens
- Laursen v. British Columbia (Director of Crime Victim Assistance), 2017 BCCA 8 – successful appeal of decision to deny victim economic loss awared based on interpretation of provisions allowing victims of crime to claim for economic loss
- R. v. Akumu, 2016 BCSC 2505 – acted for psychiatrist at pre-trial application for production of psychiatric records of a minor complainant in a sexual assault trial
- Bell v Wigmore, 2017 BCCA 82 – assisted senior counsel on appeal centring on whether unpredicted duration of symptoms extends limitation period
- Appeared as counsel for physicians in several proceedings relating to medical negligence actions, as well as regulatory proceedings
- Appeared as counsel for individuals and companies before the BC Securities Commission
- Appeared as counsel in Federal Court of Canada judicial review of decision of the Minister of National Revenue
- University of British Columbia, J.D., 2014
- University of Toronto, B.A. (Hons.), 2011
- British Columbia, 2016
- Co-Chair, Canadian Bar Association BC Branch, Section on International Law
- Board Member, AME BC Land Access & Use Committee
- Executive Member, Canadian Bar Association, National Section on International Law
- Former Member, Board of Directors, West Point Grey Community Association
- Member, The Law Society of British Columbia
- Member, Canadian Bar Association, BC Branch