Neil David Abraham

Neil has a general practice in public law and civil litigation, with a particular focus on administrative and constitutional law matters. Before joining Olthuis van Ert, he was an associate at a national firm. Prior to that, he clerked at the Supreme Court of Canada for Chief Justice McLachlin and Justice Martin and the Federal Court of Appeal for Justice Gleason. Neil graduated from the University of Toronto Faculty of Law. Before he became a lawyer, Neil worked for several years as a senior economist and policy advisor for the federal government.

Neil handles a variety of public law matters including constitutional challenges, judicial reviews and statutory appeals of administrative decisions, and appeals. He has acted or advised in matters involving the division of powers, human rights, public sector accountability, and land use planning.

Canada (Attorney General) v. Power , 2024 SCC 26: Neil acted for the David Asper Centre for Constitutional Rights, intervening, in this appeal in which the Supreme Court of Canada affirmed the availability of Charter damages for losses caused by the application of unconstitutional laws.

Teksavvy Solutions Inc. v. Bell Media Inc. , 2021 FCA 100: Neil acted for the intervener the British Columbia Civil Liberties Association, arguing the adverse Charter implications of an unprecedented injunction that required internet service providers to block access to certain websites.

British Columbia (Attorney General) v. Le , 2023 BCCA 200: Neil supported Gib van Ert on behalf of the Trial Lawyers Association of British Columbia in its successful administrative law challenge of a regulation imposing a cap on disbursements in motor vehicle claims.

Rorison v Insurance Corporation of British Columbia , 2022 BCSC 624, 2023 BCCA 474, 2024 BCSC 834: Neil supports Gib van Ert on behalf of the plaintiffs in this certified class action against ICBC and the Province of British Columbia for losses to catastrophically injured motorists and ratepayers as a result of a scheme whereby ICBC purports to reimburse the Province for the cost of doctors’ visits. The action was certified in respect of the accident victims in 2022 and in respect of the ratepayers in 2024. It will now proceed to a common issues trial. The litigation continues.