Megan Nicholls Associate
After graduating from the cross-border law program at the University of Windsor and the University of Detroit Mercy, Megan summered at a national law firm in Toronto, Ontario. Megan then completed her articles of clerkship at the Ontario Superior Court of Justice before being called to the Ontario Bar in 2012. She developed her civil litigation practice at a leading Hamilton, Ontario law firm, focusing on commercial and insurance defence litigation. Megan moved to Vancouver and was called to the B.C. Bar in January 2014.
Megan currently represents clients on a broad range of civil litigation matters, while working closely with senior members of the firm. Megan has appeared at the Provincial Court of Ontario, the Superior Court of Ontario, and all levels of court in B.C.
Zajaczkowski v. Grauer et al, 2014 BCSC 711. In this case, decided on April 25, 2014, the Plaintiff sought damages of between $1.2 million and $4.4 million arising from a motor vehicle accident. Tom Hawkins and Megan Nicholls defended the claim on behalf of the Defendant driver in this short fuse trial. After hearing evidence over two weeks of trial and two days of argument, Macintosh J. awarded the Plaintiff $0 for past or future income loss or loss of earning capacity and only $53,000 in total. Credibility was a key issue brought out through defence counsel’s cross examination.
Ahousaht Indian Band and Nation v. Canada (Attorney General), 2015 BCSC 2166. This case deals with the Indigenous Plaintiffs’ claimed right to fish and sell fish within their fishing territory off the West Coast of Vancouver Island. In this Intervenor Ruling, the court acknowledged that the commercial fishery should participate in the litigation process dealing with the fourth part of the Lax Kw’alaams test for Aboriginal rights. It is an important decision for a number of reasons. Firstly, it sets a precedent that industry stakeholders should be granted standing in future cases dealing with Aboriginal rights to trade commercially (as long as same does not duplicate the Crown’s evidence). Secondly, in our view, this decision should be a sufficient basis to persuade the Crown to involve commercial license holders (Aboriginal and non-Aboriginal alike) in meaningful consultation and discussion involving Aboriginal rights to trade commercially, before significant decisions are made.
Professional and Other Affiliations
- Called to the Bar of British Columbia, 2014
- Called to the Bar of Ontario, 2012
- Law Society of British Columbia, Member
- Law Society of Upper Canada, Former Member
- Canadian Bar Association (B.C. Branch), Maritime, Aboriginal, Insurance, Environmental, Alternative Dispute Resolution, and Women Lawyers Forum Law Sections, Member
- Canadian Board of Marine Underwriters, Member
- Canadian Maritime Law Association, Member
- Women’s International Shipping and Trading Association (WISTA), Member
Author and Speaker
- Norwegian Bunkers v. the “Samatan”, Boone Star and Kristiania Marine (BC Shipping News, May 2015)
- If in doubt, don’t throw it out: Forsey v. Burin Peninsula Marine Service Center (BC Shipping News, May 2016)
- The Duty to Honour: Gitxaala Nation v. Canada (BC Shipping News, May 2017)
Although a transplant to B.C., Megan is now hooked on all things West Coast, especially skiing, cycling and fishing. Travelling and living abroad inspired her love of food, culture and spirited debates.