Gib van Ert practises civil, commercial and public law litigation. He has a broad range of counsel experience, including trials, appeals, arbitrations, judicial reviews, motions and opinion work. From August 2015 to August 2018, Gib served as Executive Legal Officer to two successive Chief Justices of Canada, the Rt. Hon. Beverley McLachlin, P.C. and the Rt. Hon. Richard Wagner, P.C. The ELO is the Chief Justice’s principal advisor in matters concerning the Supreme Court of Canada, the Canadian Judicial Council and the National Judicial Institute. Prior to that, Gib practised for ten years at a nationally-recognized litigation boutique.
Gib is a well-known authority on the reception of public international legal norms in Canadian law. His main work on this topic, Using International Law in Canadian Courts, has been cited by the Supreme Court of Canada and other courts.
Gib is a former law clerk to Madam Justice Jo-Ann Prowse of the Court of Appeal of British Columbia and Justices Charles Gonthier and Morris Fish of the Supreme Court of Canada.
Professional achievements & leadership
- Faculty member, Philippe Kirsch Institute
- Former visiting scholar, Lauterpacht Research Centre for International Law, University of Cambridge
- Former visiting professor in the Faculty of Law, University of Ottawa
- Former sessional instructor in public international law at the University of Victoria
- Lead counsel for the intervener, British Columbia Civil Liberties Association, in Divito v. Canada (Public Safety and Emergency Preparedness) 2013 SCC 47; argument that the Charter should be interpreted in conformity with international human rights law was accepted by the court.
- Sole counsel for the defendant/plaintiff by counterclaim in Gulston v. Aldred 2010 BCSC 241, 2011 BCSC 1051, 2011 BCCA 147; client obtained judgment for over $600,000 arising from a failed residential property transaction.
- Co-counsel in Phillips v. Keefe 2010 BCSC 2005, 2012 BCCA 123; successful three-week retrial of residential boundary dispute and ensuing appeal.
- Sole counsel for the homeowner in Aldred v. Colbeck 2010 BCSC 57; the first successful claim by a homeowner under BC’s Environmental Management Act for recovery of environmental remediation costs against the previous owners of a residential property contaminated by an underground oil storage tank.
- Sole counsel for the plaintiff (respondent on appeal) in ASEAN Technology Partners Inc. v. National Research Council of Canada 2007 BCSC 1539, 2009 BCCA 126; a breach of contract claim against a federal agency.
- Sole counsel for the worker in Gogol v. Workers’ Compensation Appeal Tribunal 2008 BCSC 489; a successful judicial review of a decision by the Workers’ Compensation Appeal Tribunal to deny a worker temporary disability benefits.
- “The Domestic Application of International Law in Canada” in C. Bradley, ed., Oxford Handbook of Comparative Foreign Relations Law (Oxford University Press, forthcoming)
- “The Reception of International Law in Canada: Three Ways We Might Go Wrong” in O. Fitzgerald, V. Hughes and M. Jewett, eds., Reflections on Canada’s Past, Present and Future in International Law/Réflexions sur le passé, le présent et l’avenir du Canada en droit international (McGill-Queens University Press, 2018)
- “A suitable population: British Columbia’s Japanese Treaty Act litigation, 1920-1923” (2017) 3(1) Canadian Journal of Comparative and Contemporary Law 133
- “Three good reasons why UNDRIP can’t be law—and one good reason why it can” (2017) 75:1 The Advocate 29-36
- “Torture and the Supreme Court of Canada” (2014) 65 University of New Brunswick Law Journal 21
- “Three Obstacles to a Successful Cost Recovery Action in Residential Oil Tank Cases” (2014) 72:4 The Advocate 503-508
- “Canada” in D. Sloss, ed., The Role of Domestic Courts in Treaty Enforcement: a Comparative Study (Cambridge: Cambridge University Press, 2009)
- Using International Law in Canadian Courts, 2nd ed. (Toronto: Irwin Law, 2008)
- “Labour Conventions and Comprehensive Claim Agreements: A New Model for Subfederal Participation in Canadian International Treaty-Making” in O. Fitzgerald (ed.), The Globalized Rule of Law: Relationships between International and Domestic Law (Toronto: Irwin Law, 2006) 203 (with S. Matiation)
- “The admissibility of international legal evidence” (2005) 84 Canadian Bar Review 31
- Chair, Technology Committee, County of Carleton Law Association
- Director, Canadian Council on International Law
- Law Society of Ontario
- Law Society of British Columbia
- Canadian Council on International Law
- American Society of International Law
- County of Carleton Law Association
- Osgoode Society for Canadian Legal History
Bar admissions & education
- Ontario Bar, 2018
- British Columbia Bar, 2004
- LL.M., University of Toronto, 2000
- M.A. (Law), University of Cambridge, 1998
- B.A. (History), McGill University, 1995