Tyson McNeil-Hay

Tyson-McNeilHay

PROFILE

Tyson is an associate with Fulton & Company LLP. Since graduating from Queen’s Law School in 2012, Tyson has appeared as an advocate in Provincial and Supreme Court, as well as the BC Court of Appeal and in the administrative tribunal context.

Tyson is a barrister who focuses his practice on estate, commercial and local government litigation.

Tyson is focused on resolving disputes as effectively as possible for his clients. He always keeps in mind that effective dispute resolution is about the final result, but not only about the final result – delay, costs, and client stress are also significant considerations. Whether the matter is resolved by negotiation or in a hearing before a court or tribunal, Tyson knows that thorough preparation is the cornerstone of good advocacy.

Tyson and his young family are busy putting down roots in Kamloops. When he can, he loves taking advantage of the outdoor opportunities in the area, particularly skiing and mountain biking. He is passionate about hockey and has also been known to play some squash and participates in triathlons. Tyson lived abroad for two separate years during his university days and as a result can speak both French and Russian, with varying degrees of fluency.

  • Tyson-McNeilHay


    300-350 Lansdowne St.
    Kamloops, BC
    V2C 1Y1
    Tel: 250.372.5542
    Email: tmcneil-hay@fultonco.com

    View Tyson McNeil-Hay’s profile on LinkedIn

  • BAR ADMISSIONS

    • Member, Law Society of British Columbia (2013)

    EDUCATION

    • Juris Doctor (2012), Queen’s University
    • Master of Arts (2008), Queen’s University
    • Bachelor of Arts (2006), University of British Columbia

    REPRESENTATIVE EXPERIENCE

    Estate Litigation

    • Successful in a wills variation trial, acting for the deceased’s common-law spouse who had been left out of the Will – 2015 BCSC 1898.
    • Argued one of the first Court applications in BC concerning the validity of a will-like document (s 58 of WESA) – 2015 BCSC 2162.
    • Successfully opposed a WESA section 58 application on behalf of two minor children – Supreme Court, Prince George Registry, Action no. 1751272 (July 24, 2017 – unreported).
    • Successfully argued a wills interpretation matter on behalf of an institutional client – 2014 BCSC 27.
    • Successful in a summary trial for the variation of a will, on behalf of the deceased’s common-law spouse.
    • Assisted senior counsel in a successful appeal of a decision concerning committeeship – 2013 BCSC 566.
    • Represented several clients in negotiation and resolution of Estate disputes, both as plaintiff and defendant.

    Municipal/Local Government Litigation

    • Involved in numerous successful bylaw enforcement actions, both in Provincial Court and Supreme Court, for local government clients, including as junior counsel in 2014 BCSC 1867.
    • Defended a local government successfully at trial against claims of improper services disconnection and misrepresentation of building code and zoning requirements – Provincial Court, Kamloops Registry, Actions 40790 and 40718 (unreported).
    • Advises local government clients on amendments to bylaws and practices to reduce liability exposure.
    • Successful in having personal injury claims against local governments dismissed, twice when the claims were in the early stages and once on an appeal of a judgment from Small Claims Court – Supreme Court, Vernon Registry, Action S51970 (unreported).

    Commercial Litigation

    • Successful in defending a landlord’s action for summary eviction of our client – 2015 BCSC 2184.
    • Successfully appealed from a Small Claims judgment against our client in an employment/services contract case.
    • Obtained judgment in a summary trial on a guarantee action with several substantive defences.
    • Junior counsel in a successful summary trial in a complicated case with numerous parties – all claims, including fraud claim, dismissed against our clients – 2013 BCSC 561.
    • Junior counsel in a trial where our clients were alleged to have lost or stolen the Plaintiff’s goods – all claims dismissed, and costs awarded to our clients – 2015 BCSC 953.
    • Successful twice in overturning default judgments obtained against our client.
    • Successful application to Court to dismiss a claim made against our client, a Strata corporation, and its president.

    PUBLICATIONS & PRESENTATIONS

    2017 and ongoing

    2016

    • Numerous presentations to accountants, financial planners and banking professionals concerning estate law and estate litigation issues
    • Presented at the Kamloops Chamber of Commerce on commercial tenancy disputes
    • Presented at the BC Liquor Inspectors and Bylaw Officers Association conference “The Top 5 Questions about Bylaw Enforcement”

    2015

    • Presented to the BC Risk Management Forum concerning drainage liability issues for local governments
    • Presented to several groups about estate litigation and changes to wills & estates law under the new legislation
    • Presented to a group of local fire chiefs about firefighter liability
    • Presented to a provincial bylaw officers’ group about bylaw enforcement options and remedial action requirements

    2014

    • Presented to a Capilano University course concerning enforcement of local government bylaws

    PROFESSIONAL & COMMUNITY INVOLVEMENT

    • Member, Law Society of British Columbia
    • Member, Trial Lawyers’ Association of British Columbia
    • Member, Kamloops Bar Association Board of Directors
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