Practice Emphasis
Kent is a Partner at Nixon Wenger LLP and is the head of the Civil Litigation practice group. Kent practices a wide range of civil litigation with an emphasis on construction, contract, employment and land disputes.
Kent has appeared in every level of court in the Province of British Columbia. Kent has also been successful in assisting clients in finding early solutions to conflicts through direct intervention, mediation and arbitration. His clients appreciate his thoroughness and attention to detail as well as his strong communication skills.
Practice Areas
Litigation
Kent has acted for clients in many areas of litigation. In particular, Kent has acted for numerous developers, contractors and suppliers in construction disputes, as well as for landowners, vendors, purchasers and investors in real estate disputes. Additionally, Kent acts for clients in complex litigation involving shareholder and corporate matters as well as contractual disputes.
Employment Law
Kent has acted for both employers and employees over the course of his career. He has appeared both before administrative tribunals and in court representing clients with respect to settling matters such as wrongful dismissal, constructive dismissal and applicable severance pay.
Mediation / Arbitration
Kent is a mediator and Qualified Arbitrator. He recognizes that the costs associated with litigation can be prohibitive and makes every attempt to assist clients in resolving disputes early in the process through negotiation, mediation or arbitration.
Education and Interests
Education
- BA from Brigham Young University in 1988.
- LLB from the University of Victoria in 1993.
- Called to the British Columbia Bar in 1994.
Professional and Civic Interests
- Director of the North Okanagan Hospice Society
- Member of the Southern Interior Construction Association
- Member of the BC Arbitration and Mediation Institute
- Commercial Arbitrator
- Coach of youth basketball
- Former member of the Executive and Board of Governors of the Trial Lawyer Association of BC
Recent Decisions
Tosen v Gumtree Catering, 2023 BCSC 121
Kent Burnham and Alexandra Severn acted for the defendants in an application wherein they sought dismissal of the action and that the plaintiff be declared a vexatious litigant. Madam Justice Hardwick agreed with Kent and Alexandra’s submissions, concluding that the plaintiff did not provide evidence capable of substantiating the claims advanced, and that it was […]
Morrison v. Van Den Tillaart, Supreme Court of BC
Mr. Morrison and the Van Den Tillaarts are neighbours along the shore of the Shuswap Lake near Canoe, British Columbia. Mr. Morrison bought his land in 1993 and assumed that the boundary line ran alongside a cabin of the adjoining lot. Click here to read the Court Decision.
Morrison v. Van Den Tillaart, BC Court of Appeal
The Plaintiff, Mr. Morrison, purchased a property on Shuswap Lake in 1993. The property was subject to an easement which allowed the neighbours, the VanDenTillaarts, to cross Mr. Morrison’s property to access their own property. The easement was L shaped and ran from the railroad tracks down to the water and across the front of […]
Dandell v. Thompson Rivers University, BC Court of Appeal
The Plaintiff, Mr. Dandell, while taking a shortcut to class, walked down a steep hill, slipped, fell and broke his ankle. As this was a common shortcut, Mr. Dandell suggested that the University should have been more careful about it and taken steps to ensure that it was in fact safe for him and others […]
Petitioners Seek to Have Logging Cutting Permit Quashed
Penner v. British Columbia (Forests, Lands and Natural Resource Operations) We represent Sechelt Community Projects Inc which operates as Sechelt Community Forest (SCF). SCF complied with all regulatory and procedural steps to obtain a cutting permit which allowed them to harvest timber on the lower slopes of Mt. Elphinstone. The Petitioners, Messr’s Muirhead and Penner […]