Daniel H Coles
Shareholder
Dan is a trial lawyer who regularly appears before the courts and administrative tribunals of British Columbia. He has experience in the Supreme Court of Canada. He acts for clients from a diverse range of fields and industries with an emphasis on defamation law, media access & freedom of expression, as well as construction litigation, and assisting licensees in the hospitality sector.
Dan has considerable trial experience acting successfully for persons wrongfully accused of battery and assault, including sexual battery and allegations of historic abuse. Much of his defamation practice now involves acting for victims of false allegations of this nature.
Dan is an advocate for freedom of expression, the press, and other media. He regularly works with journalists and national and international news organizations to obtain access to court exhibits and oppose publication bans, sealing orders, and in camera court proceedings.
His construction practice involves acting for owners and developers to resolve disputes under the Builders Lien Act and prosecuting their claims for delayed and deficient work.
He is actively involved in British Columbia’s dynamic hospitality and liquor manufacturing industries acting for licensees to challenge and judicially review the actions of the Liquor and Cannabis Regulation Branch, and in particular its compliance and enforcement division. He writes an award-winning blog Alcohol & Advocacy, and advises clients on British Columbia’s liquor laws and regulations.
Dan is also a member of the Law Society of Yukon, and has experience in the Federal Court and Federal Court of Appeal acting on behalf of tribunals in judicial review proceedings.
Dan is a patriot. He grew up in Dartmouth, Nova Scotia.
Community
Dan is active in the community as a long-serving coach with Little Mountain Baseball and Vancouver Athletic FC.
He has served as member of the executive of the Vancouver Bar Association and sat on the Vancouver Club’s Long Range Planning Committee. He chairs the annual Jack Webster Masterclass on Media & Defamation law.
Dan is an active fundraiser, and sometime rider, with Cops for Cancer.
- Called to the Bar of the Yukon Territory, 2019
- Called to the British Columbia Bar, 2012
- Juris Doctor, Dalhousie University, 2011
- Bachelor of Arts (Hons.), St. Francis Xavier University, 2008
- Board Member, Canadian Media Lawyers Association/Ad IDEM
- Trustee, Jack Webster Foundation
Canadian Law Blog Awards 2016 - Finalist Best Practitioner Blog Alcohol & Advocacy
Canadian Law Blog Awards 2015 – Best Practitioner Blog Alcohol & Advocacy
Defamation Litigation
- Cheesman v. Dobrer, 2026 BCCA 298
This was a defamation action concerning stickers posted on the Vancouver campus of UBC. The plaintiff alleged the sticker – which did not name or otherwise identify him – was defamatory of him. On behalf of the defendant Hillel BC Society had the action dismissed pursuant to the Projection of Public Participation Act. Those reasons can be read here. That decision was upheld on appeal. - A.T. v. D.C., 2026 BCCA 250
Acted for the successful plaintiff, D.C. in this appeal of a Protection of Public Participation Act decision. The defendant A.T. published a grave allegation of sexual violence about her former boyfriend over TikTok. That publication was viewed more than 3 million times. D.C. sued her in defamation. A.T. attempted unsuccessfully to have D.C.’s lawsuit dismissed under the Protection of Public Participation Act. Those reason can be read here. That decision, permitting the defamation action to proceed to trial, was upheld on appeal. - D.C. v A.Z., 2026 BCSC 583
Acted successfully for the plaintiff D.C. in a two-week defamation trial. At issue was the defendant’s false allegation that D.C. sexually assaulted her, along with a counterclaim for sexual battery. D.C. obtained judgment for defamation, and the counterclaim was dismissed. - D.C. v A.Z., 2024 BCSC 2349
The defendant A.Z., in this defamation action, sought leave to add a police department as a defendant on the basis that she would not have published defamatory allegations against D.C. but for the failure of the police department to properly investigate her allegations. Acted successfully for the defendant in opposing application. - Simpson v Rebel News Network Ltd., 2022 BCSC 1160
On behalf of Rebel News obtained the dismissal of a defamation lawsuit pursuant to the Protection of Public Participation Act (Anti-SLAPP legislation). - Galloway v A.B, 2019 BCSC 1417 affirmed 2020 BCCA 106
On behalf of the plaintiff, acting within the confines of the Public Participation Act (Anti-SLAPP legislation), obtained an order that defendants who were cross-examined on their affidavits provide certain additional documents and information.
Media Access & Expression Litigation
- Canada (Attorney General) on behalf of the United States of America v. Smagh,2026 BCSC 1568
Acted for the CBC to successfully set aside an interim publication ban made pursuant to the Extradition Act. - D.C. v A.Z., 2026 BCSC 1253
Acted for the successful plaintiff in this defamation action to have a pre-trial sealing order varied to permit publication of the court’s reasons for judgment. - Schoenborn (Re Application), 2024 BCRB 1001
Mr. Schoenborn had previously been found to have murdered his three children but was deemed not criminally responsible on account of mental disorder. While in custody at a hospital Mr. Schoenborn obtained a legal name change, and sought a publication ban over his new name at a forthcoming Review Board hearing. I acted for Global News to successfully oppose the publication ban. - La Presse inc. v. Quebec, 2023 SCC 22
Acted for a consortium of national news media organizations who (unsuccessfully) challenged the trial judge’s interpretation of an automatic publication ban provision in the Criminal Code concerning jury trials. Prior to this decision, s. 648(1) of the Criminal Code had been interpreted inconsistently by trial judges. - Fairgrieve v British Columbia Review Board, 2022 BCSC 1882
Acted on behalf of Global News to obtain access, for publication purposes, to the BC Review Board’s written reasons confirming why a person accused of first-degree murder was not fit to stand trial. - United States v Meng, 2021 BCSC 1253
Acted on behalf of a consortium of national and international news agencies to successfully oppose Ms. Meng’s application for a publication ban over the contents of certain banking documents. - R. v Arfmann, 2020 BCSC 56
On behalf of a consortium of news agencies, obtained access to a video recording and police radio transcript exhibited in a first degree murder trial. - United States v Meng, 2020 BCSC 43
Acted (unsuccessfully) on behalf of a consortium of national and international news agencies to record and broadcast the extradition hearing of Ms. Meng. - Canada (National Inquiry into Missing and Murdered Indigenous Women and Girls) v. Canada (Attorney General), 2019 FC 741
Successfully opposed the Attorney General of Canada’s request to have portions of hearing held in camera. - Postmedia Network Inc. v. Her Majesty the Queen, 2019 BCPC 267
Successfully varied certain sealing orders over RCMP production orders and ITOs related to the Victoria legislature spending scandal.
Construction Litigation
- Mainland Civil Site Services Inc. v Anthem Coyote Creek One Holdings Limited Partnership, 2025 BCSC 2009
Acted for a developer to have an improperly filed claim of lien struck pursuant to s. 25 of the Builders Lien Act. Obtained an order that the contractor be held liable for costs and damages on account of its wrongful filing. - NV Electrical Inc. v Meola, 2022 BCSC 666
Acted for the defendant owner/developer. The plaintiff, an unpaid trade, failed to perfect its claim of lien, and attempted to circumvent the consequences of that failure by amending its notice of civil claim to plead a constructive trust and file a related CPL over the lands. Obtained an order striking the constructive trust claim and related CPL. The court confirmed that in the construction industry plaintiff’s claims are generally resolved through contract law or through the Builders Lien Act. - Conwest Contracting Ltd. v Crown and Mountain Creations Ltd., 2021 BCSC 2116
Acted for an owner/developer in a four week trial. Obtained a $300,000 set-off against a contractor’s claim for unpaid work on the project, reducing its judgment by half. - Berlan Construction Inc. v Onni Development (Ioco Road) Corporation, 2018 BCSC 1228
Obtained a $550,000 judgment for a developer against a trade on account of delayed and deficient work. - Iberdrola Energy Projects Canada Corporation v. Factory Sales & Engineering Inc. d.b.a. FSE Energy, 2018 BCCA 272
Successfully opposed an appeal relating to the proper calculation of holdback monies under the Builders Lien Act where the general contractor attempted to characterize certain payments as “loans”.
Liquor Law
- Chow v British Columbia (Liquor and Cannabis Regulation Branch), 2025 BCSC 2437
Successfully acted for a licensee, faced with a cancellation of a liquor primary licence, to obtain a stay of the General Manager’s decision pending a judicial review. - Mantra Hospitality Corp., dba Langley Liquor Warehouse (RE), 2023 BCLCRB 29
Acted for a licensee, the owner of a private liquor store, facing enforcement action for selling liquor to a minor. The contravention arose during a Minor as Agent (MAP) inspection. Successfully raised the due diligence defence, resulting in a dismissal of the enforcement action. - Fets Fine Foods Ltd. (Fets Whisky Kitchen) v British Columbia (Liquor and Cannabis Regulation Branch), 2022 BCSC 410
Acted for licensee Fets Whisky Kitchen. In 2018 liquor inspectors raided Fets’ premises and seized 242 bottles of rare Scotch whisky. The Liquor Branch refused to provide Fets with meaningful disclosure of documents related to its planning of the raid. Obtained an order confirming that the Liquor Branch’s refusal to produce the demanded documents was a breach of procedural fairness. The underlying enforcement decision was set aside and the court ordered the matter remitted for rehearing following the Branch’s production of the withheld documents.
Historic Abuse Allegations
- Khan v School District No. 39, 2021 BCSC 49
Successfully defended a retired school teacher, in a 5 week trial, from allegations that she assaulted and battered a student in the 1980s.\
Injunctions
- Vancouver Fraser Port Authority v Brett, 2020 BCSC 876
Obtained an injunction for the Port of Vancouver enjoining unlawful trespass and occupation of federal lands. - Vancouver Fraser Port Authority v Doe, 2020 BCSC 244
Obtained an injunction for the Port of Vancouver against individuals blockading access to Port lands.
Estate Litigation
- Sutherland v. Collett (Estate), 2017 YKSC 36
On behalf of a widow, obtained an order entitling her to the proceeds of her late husband’s RRSP.
Costs
- Belpacific Excavating & Shoring Limited Partnership v Crown and Mountain Creations Ltd., 2022 BCSC 412
Acted for an owner/developer in a four week trial. By way of set-off reduced the plaintiff contractor’s claim for unpaid accounts by half. Plaintiff contractor sought “double” or “uplift” trial costs. Successfully argued that plaintiff contractor was not entitled to any costs. - Khan v School District No. 39, 2021 BCSC 49
Acted successfully for a retired school teacher in a 5 week trial concerning historic allegations of assault and battery. Obtained an order for “double costs” against the unsuccessful plaintiff on account of the plaintiff’s refusal to accept a reasonable offer of settlement.