Updated: February 4th, 2021 | Vancouver | Lawyer List D | Donald J. Sorochan Law Corporation |
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Address: 500-815 Hornby St, Vancouver, BC, V6Z 2E6
Lawyer Firm: Donald J. Sorochan Law Corporation
Phone: (604) 488-4731
Email: don@sorochanlaw.com
Website: http://www.sorochanlaw.com
| First Year of Call | 1972 |
| Areas of Practice | |
| Description | 1. Law Practice After his call to the Bar of British Columbia in 1972, Mr. Sorochan joined the Vancouver law firm Swinton & Company, the predecessor of Miller Thomson, Vancouver, where he had served as an articled student the previous year. He has practiced with the firm for his entire career. Mr. Sorochan served as the Managing Partner of Swinton & Company during the periods of 1981 – 1984 and 1996 – 2000. Upon Swinton & Company merging with Miller Thomson LLP in October of 2000, Mr. Sorochan continued as the Managing Partner of the British Columbian and Yukon offices of Miller Thomson LLP until January of 2009. He also served as a member of the National Executive Committee of Miller Thomson LLP until January of 2009. Mr. Sorochan remains a partner in Miller Thomson LLP and is the senior litigation partner in the Vancouver office of the firm. As one of the firm’s senior partners, his practice encompasses the areas of securities, aboriginal, commercial and construction litigation, administrative law, and criminal law (including prosecution for both the federal and provincial governments). Mr. Sorochan’s advocacy work has resulted in several landmark decisions in Canadian law in these areas. 2. Aviation Law After his graduation form the BA program at the University of Alberta (1966), Mr. Sorochan was employed by Canadian Pacific Airlines at the Edmonton Airport. That employment continued at Vancouver International Airport during his law studies at UBC (1968 – 71). Upon commencing his law practice in 1972, Mr. Sorochan represented a number of “third level” carriers in regulatory proceedings before the Canadian Transport Commission and in litigation matters. While the regulatory process for route approvals changed, Mr. Sorochan continued to represent carriers in litigation matters and was part of a Miller Thomson team providing legal services for the acquisition of several British Columbia air carriers and the consolidation of their air services. 3. Complex Construction Litigation As one of the firm’s leading construction lawyers, Mr. Sorochan has acted on behalf of clients in construction law matters since 1972. In doing so, he has provided advice and litigation services to contractors, owners, government agencies, engineers, architects, insurers and bonding companies and has represented the following: (a) from 1973-75, a general contractor in litigation at the trial and appellate levels of the Federal Court of Canada relating to the construction of a fish hatchery; (b) the University of British Columbia and the Alma Mater Society of UBC in litigation relating to the failure of laminated beams in the UBC Thunderbird Winter Sports Centre. This involved numerous parties and was settled on the eve of trial; (c) a consortium of major electrical contractors and a hauling contractor against a major utility relating to the construction of transmission lines. This required counsel appearances in the Supreme Court of British Columbia, the B.C. Court of Appeal and the Supreme Court of Canada before trial. The litigation settled after presentation of the plaintiff’s case in the Supreme Court of British Columbia trial; (d) a major tunneling contractor in litigation against a railway company involving the construction of a railroad tunnel for the Tumbler Ridge Coal Project. This litigation settled on the eve of trial through the use of mediation/settlement procedures; (e) a major Canadian electrical contractor in complex litigation against a major public utility regarding the construction of an electrical transmission line. This litigation required counsel to appear in the Supreme Court of British Columbia for a lengthy trial and upon appeals to the B.C. Court of Appeal and the Supreme Court of Canada; (f) a major heavy construction and metal fabrication contractor in litigation relating to the construction of facilities for Expo 86. This litigation settled prior to trial; (g) a major Canadian heavy construction and marine contractor in litigation against a major utility involving the construction of a drainage adit required to stabilize a slobe adjacent to a major hydro dam. Participated through mediation and settlement procedures and conducted the litigation through a complex trial. 4. Complex Securities and Financial Institution Litigation Mr. Sorochan is a leading securities litigation practitioner. His practice encompasses complex national and international securities litigation. Since commencing practice he has: (a) provided counsel to individuals, financial institutions, law enforcement and regulatory clients relating to securities litigation matters and money laundering issues; (b) represented clients in the courts, before regulatory tribunals and in arbitration proceedings relating to securities; (c) represented both the Crown and the defence at trial and appellate levels of criminal litigation relating to securities; (d) retained and instructed U.S. counsel on behalf of Canadian clients relating to securities litigation in the U.S.; (e) been responsible for the conduct of the defence of clients in complex securities litigation, including class actions, in the federal and state courts throughout the U.S. and Canada; (f) successfully represented a financial institution and its directors in the longest and most complex hearing to date before the British Columbia Securities Commission; (g) represented the British Columbia Financial Institutions Commission in proceedings related to the influence and control of a credit union by parties accused in the Air India bombing criminal proceedings; (h) represented Canadian clients in dealings with U.S. state and federal securities regulatory authorities, including negotiating cross-border licensing arrangements and defending parties being investigated; and (i) represented a financial institution and the Government of Yukon on all aspects of the court and regulatory proceedings related to the restructuring of Asset Backed Commercial Paper in Canada from 2007 – 2010. This included advising the Government of Yukon on litigation and regulatory matters and conducting or overseeing court proceedings across Canada and in New York State for the financial institution. 5. Criminal Litigation Mr. Sorochan is recognized internationally as a leading criminal lawyer. During his career he has: (a) represented persons accused of crimes at all levels of the courts of Canada, including persons accused of murder and other serious offences, as well as complex frauds; (b) represented persons accused of crimes in foreign jurisdictions, including defending extradition proceedings in Canada and negotiating with foreign law enforcement and prosecutorial authorities; (c) prosecuted criminal proceedings for the Attorney General for Canada: (i) as the standing agent for all federal prosecutions in North Vancouver; (ii) as an ad hoc prosecutor for major narcotics trafficking and conspiracy cases; and (iii) as an ad hoc prosecutor in complex bankruptcy fraud cases. (d) prosecuted criminal proceedings for the Attorney General of British Columbia: (i) as the standing agent for provincial prosecutions in the North Coastal region; (ii) as the prosecutor of serious criminal offences in the jury assizes of the Supreme Court of British Columbia and resulting appeals to the British Columbia Court of Appeal and the Supreme Court of Canada; (iii) as a prosecutor responsible for extradition proceedings of Canadian fugitives in foreign jurisdictions. (e) prosecuted criminal proceedings as a Special Prosecutor appointed under the British Columbia Crown Counsel Act including: (i) conducting the prosecution and appeals following the conviction of the police officer in charge of a lockup who failed to prevent a severe beating of a prisoner in his charge; (ii) the complex fraud prosecution of a former B.C. provincial cabinet minister and co-accused in a case that had considerable political implications; (iii) conducting the prosecution of criminal contempt of court and related proceedings against a “right to life” protestor whose actions violated the terms of court injunctions and enactments aimed at the protection of health service providers in clinics where abortions were performed. (f) represented the Government of Yukon with respect to a forensic audit of the Dawson City mayor and a former chief administrative officer and attended to all processes relating to the filing of the forensic audit and responses to it in the Yukon Legislative Assembly. (g) lectured internationally on all aspects of criminal law and criminal law reform; (h) acted as a consultant to foreign governments and non-governmental organizations on criminal law reform issues; and (i) attended the United Nations Crime Congress in Salvador Brazil in April 2010 as a delegate representing the International Centre for Criminal Law Reform and Criminal Justice Policy. 6. Corrections Litigation and Activities In 1973, Mr. Sorochan was counsel in a case involving the constitutional validity of certain Canadian federal sentencing provisions relating to young offenders. The case went to the Supreme Court of Canada. As a result of the court proceedings, the sentence imposed on the youth was set aside as invalid and the Government of Canada repealed the provisions of the Prisons and Reformations Act that were challenged. As a result of his expertise in the area of corrections law, Mr. Sorochan was asked by the Legal Aid Society of British Columbia to represent numerous prisoners who were confined for lengthy periods of time in the solitary confinement unit of the British Columbia Penitentiary. After two years of preparation and a lengthy trial, the Federal Court of Canada declared that the prisoners had been subjected to cruel and unusual punishment. This case resulted in significant changes in the prison conditions and procedures and the application of the duty to act fairly in corrections administrative proceedings. After the conclusion of this litigation, Mr. Sorochan was instrumental in establishing a blue chip Citizens Advisory Committee for the British Columbia Penitentiary in an attempt to avoid a crisis in the prison that was clearly on the horizon. He served on that Committee for some months, but unhappily the last role that that Citizens Advisory Committee performed was to act as an intermediary to bring a riot that devastated the prison in 1976 to a peaceful conclusion without the loss of life. 7. Aboriginal Litigation and Counsel Mr. Sorochan has provided advice on First Nations issues to government, individuals, bands, band development corporations and businesses contracting with First Nations. He has successfully represented individuals and a group of individuals in litigation relating to abuse suffered in residential schools and has facilitated reconciliation in such cases through community healing circles and less formal processes. 8. British Columbia Police Commission and R.C.M.P. Public Complaints Commission and Civilian Oversight of Police Mr. Sorochan was appointed as Counsel to the British Columbia Police Commission when that body was created in 1975 and served as General Counsel to the Commission until July 1, 1998 when the amended Police Act was proclaimed creating the Office of the Police Complaint Commissioner. The British Columbia Police Commission was the oversight body for policing in B.C. and the appeal body for police discipline hearings and the appeals of citizen complaints. Mr. Sorochan was responsible for the conduct of appeal hearings and conducted several special investigations on behalf of the Commission. Mr. Sorochan also served as independent Counsel for the R.C.M.P. Public Complaints Commission after it was created. He was responsible for the conduct of several significant hearings into citizen complaints in the British Columbia and Yukon region, including hearings into the appropriate use of the carotid neck hold and alleged assaults of prisoners. Mr. Sorochan was a founding Board Member of the Canadian Association for Civilian Oversight of Law Enforcement (CACOLE) and served as a member of the Board of that organization for several years. Mr. Sorochan is the author of chapter in the book “Pepper in Our Eyes: The Apec Affair” which examined the role of police in dealing with protesters at the 1997 Vancouver summit of the leaders of member nations of the Asia-Pacific Economic Cooperation organization. The chapter authored by Mr. Sorochan “The APEC Protest, the Rule of Law, and Civilian Oversight of Canada’s National Police Force” dealt with the rule of law and policing. 9. British Columbia Corrections Association (now the British Columbia Criminal Justice Association) Mr. Sorochan served as a Director and then President of the British Columbia Corrections Association. 10. Western Correctional Association Mr. Sorochan served on the Board of the Western Correctional Association, an association of corrections professionals in the Western States and B.C., as Secretary, as well as serving on various committees. He was the recipient of the association’s award for outstanding citizen contributions to corrections reform. 11. Justice Institute of British Columbia Mr. Sorochan was a member of the founding Board of Directors of the Justice Institute of British Columbia, which was created under the British Columbia Colleges and Institutes Act. The Justice Institute is responsible for the training of police officers, prison guards, probation officers, court staff, fire and ambulance personnel and others involved in the justice system. 12. Adjunct Professor, Faculty of Law, University of British Columbia and Legal Education Activities For eight years until 1989, Mr. Sorochan was an Adjunct Professor with the Faculty of Law of the University of British Columbia and taught part-time at the law school. Mr. Sorochan is a frequent lecturer in Canada and abroad on a wide-ranging spectrum of legal topics including administrative law processes, legal ethics, money-laundering, corrections law, commercial fraud, corruption, alternate dispute resolution, international commercial arbitration, cross-border securities regulation, the civilian oversight of police, construction disputes and the use of technology in complex litigation. Mr. Sorochan continues to serve as a mentor and advisor to the UBC Law Innocence Project. As such, Mr. Sorochan meets on a regular basis to discuss the student’s assigned case and any other criminal law or practice issues that arise. 13. National Parole Board of Canada Mr. Sorochan served a term as a Community Board Member of the National Parole Board of Canada. This was a part-time appointment in which two community board members were required by law to sit as voting members of parole board panels representing the community on parole applications by murderers, dangerous offenders, dangerous sexual offenders and habitual criminals. 14. Inquiry into Habitual Criminals in Canada |
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