Profile

Dan is a Partner at ATAC LAW. His primary areas of practice are civil litigation and criminal law, arbitration, and mediation.

Dan is passionate about protecting his clients’ interests. He has successfully represented clients before RoadSafetyBC (formerly, the Office of the Superintendent of Motor Vehicles), Immigration, Refugees and Citizenship Canada (formerly, Citizenship and Immigration Canada), the Immigration and Refugee Board, and the Residential Tenancy Branch. He has also successfully conducted both criminal and civil trials before the Provincial Court of British Columbia as well as appeals and judicial reviews at the Supreme Court of British Columbia and the British Columbia Court of Appeal.

Prior to founding ATAC Law Corporation with Mike Stewart, Dan conducted his own legal practice called D.H. Griffith Law. He has also worked at the boutique civil litigation firm of Rush Ihas Hardwick in Kelowna as well as the Acumen Law Corporation in Vancouver, a primarily criminal defense-focused practice.

Dan is also a trained mediator and arbitrator and provides mediation and arbitration services to clients involved in a range of legal disputes.

Education

Member of the Alternate Dispute Resolution Institute of British Columbia (ADRBC)
Bachelor of Arts in Political Science (magna cum laude, departmental honours), University of Oregon – 2009
Master of Arts in Political Science, University of British Columbia – 2011
Juris Doctor, University of British Columbia – 2014

Selected Civil Case Win Summaries

Successfully Defended Professional Engineer Sued for Negligence at Trial

Dan successfully defended a professional engineer who was sued for negligence in relation to his design of a wood frame house. At trial, Dan argued that the opposing party failed to prove that the engineer had not met the standard of care applicable to professional engineers in British Columbia. The trial judge agreed and all claims against the engineer were dismissed in full.

Successfully Represented Lender in Debt Claim

Dan represented an accountant who had borrowed money from his client, a private lender, in the form of several high-interest promissory notes. The accountant refused to pay back promissory notes, as the lender had not paid for his accounting services, including the preparation of several years worth of tax returns. The accountant counterclaimed for unpaid invoices. Dan represented the accountant at trial and successfully prosecuted counterclaim while drastically reducing the amount of money owing by the accountant to the lender after arguing that the interest rate on the promissory notes was usurious and therefore illegal. Despite being the defendant in the proceeding, the accountant ended up receiving a judgment in his favour for thousands of dollars.

Successfully Represented Spouse in Matrimonial Proceeding at Trial and at Court of Appeal

Dan represented the husband in a high-conflict family law proceeding related to division of family assets. A trial had previously occurred where client was represented by different counsel. Client had won large judgment against wife; however, wife hid money and refused to pay. Dan successfully conducted subsequent trial and Court of Appeal proceeding resulting in client original judgment against his wife.

Successfully Defended Ontario Company from Contempt Proceedings involving Franchise Law and Copyright Claims

Dan successfully represented an Ontario company facing contempt proceedings at the Supreme Court of British Columbia arising out of a franchise and copyright dispute. Client faced significant penalties including fines and special costs. Dan successfully persuaded opposing counsel to discontinue contempt application after identifying numerous procedural and evidentiary flaws.

Successfully Defended Pharmacist from Contempt Proceedings

Dan represented pharmacist at contempt application that arose in the context of a commercial dispute between him and a doctor with whom he did business. Opposing party argued that pharmacist had committed contempt by using privileged documents from ongoing litigation to commence a regulatory proceeding against doctor. Case went to hearing in Supreme Court. Client was found not to have committed contempt and was awarded costs against doctor.

Won $750,000.00 for Client Injured by Motor Vehicle Accident through Uninsured Motorist Protection Arbitration

Dan represented an injured pedestrian in an underinsured motorist protection arbitral proceeding against the Insurance Corporation of British Columbia. Dan successfully negotiated a settlement before the arbitral hearing in which his client received approximately three quarters of a million dollars from ICBC.

Selected Criminal and Traffic Case Win Summaries

Client Acquitted of Assault at Trial

A client was charged with assault following a fist fight in a public park. Dan successfully argued that the client acted in self defence. Client was acquitted of charge at trial.

Client Acquitted of Driving While Prohibited at Trial

A client was charged with driving while prohibited after a police constable claimed to observe the client driving into a gas station. Client was acquitted at trial after Dan successfully attacked the reliability of the constable’s eyewitness identification of the driver.

Client Acquitted of Dangerous Driving at Trial

A client was charged with dangerous driving resulting from a high-speed chase on a crowded roadway. Police constable recognized driver of vehicle from previous traffic stop. The client was acquitted of dangerous driving charge at trial after Dan, through extensive cross-examination, successfully casted doubt on officer’s identification of driver.

Charge of Driving While Prohibited Dropped by Negotiation

A client was charged with driving while prohibited even though she was in the front passenger seat at the time of the traffic stop. Police claimed that client and passenger swapped seats while car was in motion. Video evidence from police car showed movement in front portion of car immediately prior to traffic stop. Dan persuaded Crown Counsel to drop charge against the client on basis that the Crown could not prove beyond a reasonable doubt that the client was the driver.

Charge of Mischief Dropped by Negotiation

A client was charged with mischief following altercation with girlfriend in which her phone was destroyed. Dan successfully persuaded Crown Counsel to stay charge against client after establishing that the complainant was using the phone as a weapon against his client and that his client destroyed it in self defence.

Charge of Driving While Prohibited Dropped by Negotiation

A client was charged with driving while prohibited. The client’s previous lawyer had unsuccessfully attempted to dispute the client’s 90-day Immediate Roadside Prohibition before RoadSafetyBC. The driving prohibition was initially stayed before being reinstated. The previous lawyer neglected to tell client that he his prohibition had been reinstated. Dan persuaded Crown Counsel to drop charge against client on the basis that the client did not have the requisite state of mind to be guilty of driving while prohibited, as he did not know that he was prohibited from driving.

Commercial Driver’s License Saved at Trial

Dan represented trucker who allegedly became confused in snowstorm and started driving the wrong way on Coquihalla highway. The trucker almost hit snow plow and faced multiple charges. The trucker would have lost his commercial driver’s licence had he been convicted. Dan conducted trial at which trucker was acquitted of all charges.

Client Acquitted of Multiple Charges at Trial

A client was charged after allegedly hitting pedestrian in downtown Vancouver. The driver held a class 7 “N” licence and had been drinking wine before accident. The driver faced multiple charges that would have resulted in lengthy driving prohibition. The client was acquitted of all charges after Dan successfully defended him at trial.

Client Acquitted of Excessive Speeding Traffic Ticket at Trial

Dan successfully defended a client who was accused of excessive speeding on highway 99 in Richmond. As the client had a class 7 “N” licence, he would have faced a lengthy prohibition if convicted. Dan successfully argued for the dismissal of all charges on the basis that the prosecution failed to prove that the offence happened within the territorial jurisdiction of the court.

Administrative Tribunals

Successful Appealed Immigration Denial

A client had sponsored wife to immigrate to Canada. Immigration Refugees and Citizenship Canada determined that marriage was fraudulent and was for immigration purposes only and denied sponsorship application. Dan appealed case to the Immigration and Refugee Board – Immigration Appeal Division. After conducting hearing with viva voce evidence from client and his wife, the Immigration Appeal Division allowed the client’s appeal and permitted the client to sponsor his wife to come to Canada.

Successfully Overturned 90-day Immediate Roadside Prohibition

A client received a 90-day Immediate Roadside Prohibition after he was found sitting in the driver’s seat of his car honking his horn late at night. Dan successfully overturned the client’s prohibition on the basis that the client did not have care and control of the vehicle despite being seated in driver’s seat.

Successfully Overturned and Shortened Driving Prohibitions

Dan has successfully defended numerous clients who have received Notices of Intent to Prohibit and Notices of Prohibition from the Superintendent of Motor Vehicles (also known as RoadSafetyBC), either having the client’s prohibitions revoked or significantly reduced in duration.

Areas of Expertise

Administrative Tribunals
Commercial Vehicle Safety Enforcement
Criminal Defence
Debt Collection
Hunting & Fishing
Small Claims
Securities
Taxes