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Luciana Brasil

Luciana Brasil

Luciana Brasil is a partner at Branch MacMaster. Luciana commenced her legal studies in Sao Paulo, Brazil, and obtained a Bachelor of Civil Law degree from the Mackenzie University in 1993. In 1994, Luciana moved to Canada, and in 1998, she obtained a Bachelor of Law degree from the University of Victoria, in British Columbia. Luciana articled at a major national law firm and was called to the Bar in May 1999.

Luciana’s practice at Branch MacMaster is primarily in the area of class actions, where she has acted for both plaintiffs and for defendants in a number of high profile cases. In this dual practice, Luciana understands the strategies employed by both sides, and has either worked with or against all leading Canadian class action counsel.  Luciana teaches class actions to law students at the Allard School of Law (University of British Columbia).

In addition to class actions, Luciana maintains a loyal clientele of commercial clients, including a number of post-secondary educational institutions, to whom she provides general litigation support.  

With the adoption of the National Mobility Agreement, Luciana has been able to provide assistance to clients in other provinces, and in doing so has also appeared before the Superior Courts of Alberta, Manitoba, Saskatchewan and Ontario.

A native of Brazil, Luciana speaks Portuguese fluently, and maintains a membership in the Brazilian Bar Association (Ordem dos Advogados do Brasil), Sao Paulo Chapter. Luciana has a lifelong passion for equestrian pursuits and is a director of STaRS (Southlands Therapeutic Riding Society), a registered non-profit society that provides therapeutic riding opportunities for persons with disabilities. Luciana shares her Vancouver home with her husband, daughter and their Rhodesian Ridgeback dogs.

Areas of Practice

  • Class Actions
  • Commercial Litigation

Education

  • Admitted to the Alberta bar, 2013
  • Admitted to the British Columbia bar, 1999
  • LL.B, University of Victoria (British Columbia), 1998
  • Bachelor of Civil Law (Juris Doctor), Mackenzie University (Sao Paulo, Brazil), 1994

Peer Recognition

  • "Emerging Talent of the Year" - Benchmark Litigation (2016)
  • "Class Actions Leading Practicioner" - Lexpert Canadian Legal Expert Directory (since 2014)
  • "Future Star" -  Benchmark Litigation (2014)
  • “Top Litigator to Watch” - Lexpert US Cross Border Litigation Guide (2009)

Professional Activities

  • Co-Chaired (with Ward K. Branch, Q.C.) CLE BC's Western Canada CLass Actions Conference 2016
  • Panellist at CLE BC's Western Canada Class Actions Conference 2016 (Pharmaceutical Class Actions)
  • Instructor of Law 435C - Mass Torts and Class Actions Course at UBC Law School, Spring 2016
  • Panellist at the Canadian Bar Association Competition Law Fall Conference in Ottawa on October 1 and 2015 - "Wakelam and Bram: Implications for Class Actions Going Forward"
  • Panellist at the Canadian Institute's Class Actions Forum West (Vancouver), May 2015 - "Using the CCAA to Settle Class Actions" and "Achieving Access to Justice in Settlements"
  • Co-Chaired (with the Honourable Madam Justice Carol Ross) CLE’s 2015 Civil Litigation Basics conference and presenter on direct and cross-examinations
  • Instructor of Law 435C - Mass Torts and Class Actions Course at Allard School of Law (UBC), Spring 2015
  • Panellist at the 11th National Symposium on Class Actions (Toronto: Osgoode Hall Law School), April 2014 - "Dividing Up the Pie: Cy-pres and the Division Between Groups of Class Members"
  • Panellist at the 2014 Colloque national sur les recours collectifs - competition law developments
  • Instructor of Law 435C - Mass Torts and Class Actions Course at UBC Law School, Spring 2014
  • Contributing Author of Class Actions in Canada: Cases, Notes and Materials (Emond Montgomery Publications), available December 2013
  • Panellist at The Canadian Institute's 14th Annual Forum on Class Actions Litigation (Toronto), September 2013 - "Recent US Class Action Litigation Activity and the Implications to Canadian Stakeholder"
  • Panellist at CLE's Employment Law Conference, 2013 - Class Actions
  • Panellist and Co-author (with Christopher Naudie), "National Class Actions in Canada: the Benefits (and Limits) of the Protocol and the Recurring Challenges to Managing National Settlements", presented at the 10th National Symposium on Class Actions (Toronto: Osgoode Hall Law School), April 2013
  • Instructor of Law 435C - Mass Torts and Class Actions Course at UBC Law School, Winter 2011
  • Panellist at 9th National Symposium on Class Actions (Toronto: Osgoode Hall Law School), April 2012 - "Cross Canada Checkup"
  • Co-author (with Ward Branch), “Settling a Class Action (or How to Wrestle an Octopus)”, September 2010 (Vancouver)
  • Instructor (with Ward K. Branch) of Law 435C - Mass Torts and Class Actions Course at UBC Law School, Winter 2010
  • Guest Instructor in Law 435C Course at UBC Law School, Summer 2009
  • Co-author (with Jay Strosberg), "You Get What You Pay For: The Problem with the Canadian Appoach to Class Counsel Fees", Western Canadian Class Actions Conference (Vancouver: Continuing Legal Education of British Columbia, 2009).
  • Co-author (with Charles M. Wright), “The Importance of "Schedule F":”, How Real Access to Justice is Driven by Notice and Claim Forms, 5th Annual Symposium on Class Actions (Toronto: Osgoode Hall Law School of York University, 2008).
  • Co-author (with W. Branch), “If it ain't broke, don't fix it!If it is broke, fix it!”, 4th Annual Symposium on Class Actions (Toronto:Osgoode Hall Law School of York University, 2007)
  • Co-author (with W. Branch), Which Comes First: the Chicken or the Egg? The Order and Appropriateness of Pre-Certification Motions (updated paper), British Columbia CLE (February 25, 2005)
  • Co-author (with W. Branch), Which Comes First: the Chicken or the Egg? The Order and Appropriateness of Pre-Certification Motions  (original paper)(October 2004)
  • Member, Canadian Bar Association
  • Guest Instructor, Professional Legal Training Course (multiple times)
  • Past Chair, CBA Class Action Subsection (2 consecutive terms)
  • Member, Law Society of British Columbia
  • Member, Law Society of Alberta
  • Member, Brazilian Bar Association (OAB), Sao Paulo Subsection

Counsel Work

  • Vancouver Community College v. Vancouver Career College (Burnaby) Inc., 2015 BCSC 1470, reversed 2017 BCCA 41, pending leave to appeal to the Supreme Court of Canada (successful defence of claim for passing off and use of an official mark in connection with keyword advertising)
  • Watson v. Bank of America Corporation, 2014 BCSC 532 and 2015 BCCA 362 (certification of class action alleging conspiracy in relation to certain credit card fees)
  • Vaugeois v. Budget Rent-A-Car of BC Ltd, 2015 BCSC 802 (successful defence of certification application)
  • Drover v. BCE Inc., 2013 BCSC 1341 (successful application on behalf of a defendant to stay proposed class actions on abuse of process grounds)
  • Cuzzetto v. Business In Motion International Corporation and others, Federal Court of Canada, Docket T-696-10 (January 10, 2014 - Vancouver) (judgment against defendants for the sum of $6.5 million dollars).  Click here for CBC News Eric Rankin's investigative story.
  • Cuzzetto v. Business in Motion International Corporation and others, Federal Court of Canada, Docket T-696-10 (November 10, 2011 - Vancouver)(certification of class action alleging the operation of an unlawful pyramid or multi-level marketing scheme).
  • Private Career Training Institutions Agency v. Vancouver Career College (Burnaby) Inc., 2010 BCSC 765, affirmed 2011 BCCA 69 (successful defence at trial and appellate levels of an injunction on the basis that bidding on competitors' trade names for the purposes of Google Adwords and other online marketing programs is not "misleading" - a matter of first impression in Canada);
  • Stahlke v. Stanfield, 2010 BCSC 142, affirmed 2010 BCCA 603 (successful defence at trial and appellate levels of oppression proceedings commenced by 12 shareholders of the respondent companies, with costs at the highest scale awarded to the respondents);
  • Main v. Cabdury Schweppes plc, 2010 BCSC 816, affirmed 2011 BCCA 128 (successful application in price fixing class action to approve a partial settlement reached with two of the defendants involving a contribution of in excess of $5 million);
  • Joel v. Menu Foods Genpar Limited, unreported (November 3, 2008) S.C.B.C. Vancouver Registry No. S072079 (successful application to approve a settlement in excess of $24 million in a class action; application was brought concurrently before the courts of Alberta, British Columbia, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia and Newfoundland and P.E.I. by way of video-conferencing);
  • Joel v. Menu Foods Genpar Limited, unreported (June 23, 2008) S.C.B.C. Vancouver Registry No. S072079 (successful application to certify class action; application was brought concurrently before the courts of Alberta, British Columbia, Saskatchewan, Manitoba, Ontario, Quebec, New Brunswick, Nova Scotia and Newfoundland and P.E.I. by way of video-conferencing);
  • Joel v. Menu Foods Genpar Limited, 2007 BCSC 1248 (successful defence of an application to have a motion for certification heard prior to the resolution of carriage issues in two competing class actions relating to contamination of pet food);
  • Representing the interests of private career training institutions in the preparation and negotiation of employment and student agreements, and in various employment, human rights and civil disputes before the Courts, Human Rights or Employment Standards Tribunals of British Columbia, Alberta, Ontario and Manitoba; and
  • Acting as local counsel for international and extra-provincial law firms who require local representation for their clients.