Kelsey Rose

Associate

She/Her/Hers
  • krose@jfklaw.ca
  • P 778-386-3900
  • 260 - 200 Granville Street Vancouver, BC V6C 1S4

Kelsey is a dedicated litigator. She enjoys coming up with creative solutions to legal problems, while employing a clear-eyed pragmatism to find the best solutions for her client’s goals. She joined JFK Law’s Litigation and Dispute Resolution team in 2021.

Before joining JFK Law, Kelsey acted as Commission counsel for the Commission of Inquiry into Money Laundering in BC for two years, as well as running a small solo practice. Prior to that role, she practiced at a leading regional litigation firm where she acted for both plaintiffs and defendants in a variety of complex commercial litigation and health law matters, and developed a specialty in dealing with confidential records. She has appeared at all levels of court and various tribunals in BC, as well as the Federal Court of Canada.

Kelsey clerked for the Ontario Superior Court of Justice before her call to the bar. She attended law school at UBC, where she participated in the Global Environment and Resource Law Externship Program, the International Law Journal, the Environmental Law Group, and represented 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.

Outside of work, you may find Kelsey sourcing the best vegan ice cream in Vancouver, reading classic novels, or exploring the local trails.

Practice Areas

  • Aboriginal and Treaty Rights
  • Administrative Law & Judicial Review
  • Appellate litigation
  • Civil litigation
  • Commercial litigation
  • Confidential records
  • Regulatory proceedings

Qualifications

  • Called to the bar, B.C., 2016
  • University of B.C., JD, 2014
  • University of Toronto, Hon. BA, 2011

Publications and Presentations

  • Kelsey Rose, “When Immunity means Impunity: Lessons for Canada from Recent Cases on State Immunity from Execution,” Canadian Yearbook of International Law (Ottawa: Cambridge University Press, 2018)
  • Kelsey Rose, “Compulsory Psychiatric Treatment in the MHA: When is it Legitimate?”, CBA Bar Talk, February 1, 2018, page 21 (Vancouver: CBABC).
  • Kelsey Rose, “Small Business Could Benefit from NAFTA Arbitration Overhaul,” Business in Vancouver, September 29, 2017.
  • Jennifer Woznesensky and Kelsey Rose, “Expertise, Not Advocacy: Recent Judicial Consideration of the Role of the Expert in B.C.”, Canadian Journal of Insurance Law, Volume 34, Number 6 (Toronto: Lexis Nexis, November 2016).

 

Highlights

  • Successfully defended an application seeking a stay of action due to overlapping jurisdiction with arbitration – Octaform Systems Inc. v Clayworth, 2019 BCSC 711

  • Defended application to set aside registration of foreign judgment for lack of service  – LLS America LLC (Trustee of) v Stanford, 2019 BCSC 53

  • Successful application for return of records seized as part of Anton Piller orders that had been overturned – Tiger Calcium Services Inc. v Secure Resources Inc., 2018 ABCA 354

  • Successfully opposed application for severance – National Bank Financial Ltd. v. LePoidevin, 2018 BCSC 1190

  • Successfully defended an application to preclude examinations for discovery on basis of commonality of interest – National Bank Financial Ltd. v. LePoidevin, 2018 BCSC 1175

  • Successfully obtained Norwich order compelling a third party to provide documents prior to the commencement of a lawsuit, setting novel precedent – BC National Bank Financial Ltd. v. GWL Realty Advisors Inc., [unreported decision]

  • Successfully defended oppression petition brought by a shareholder in family forestry company – Wigen v. Wynndel Logging Co. Ltd., 2018 BCSC 881

  • Successful appeal of decision to deny victim economic loss awarded based on interpretation of provisions allowing victims of crime to claim for economic loss – Laursen v. British Columbia (Director of Crime Victim Assistance), 2017 BCCA 8

  • Appeared as lead counsel, successfully opposing appeal of summary trial decision to dismiss action – N.E.T. v. British Columbia (Attorney General), 2018 BCCA 380

  • Appeared on application for indigent status – N.E.T. v. British Columbia, 2018 BCCA 22

  • Appeared alone on 2-day summary trial application to dismiss claims regarding improper certification under the Mental Health Act – N.T. v. British Columbia, 2017 BCSC 1742

  • Acted for non-party psychiatrist in an application by the defendant for plaintiff’s psychiatric records – A.M. v. B.L., Vancouver Registry Docket 20171121 [unreported decision of Master Baker]

  • Acted for psychiatrist at pre-trial application for production of psychiatric records of a minor complainant in a sexual assault trial –  R. v. Akumu, 2016 BCSC 2505

Publications

Release of Canada’s Budget 2024

On April 16, 2024, Canada released the 2024 federal budget. The theme of Budget 2024 is “Fairness for Every

Supreme Court of Canada decides issues of limitation periods and declaratory relief in Aboriginal and treaty rights cases

Today the Supreme Court of Canada released its unanimous decision in Shot Both Sides v. Canada, 2024 SCC 12, which deals