Jonathan Maryniuk, Associate Counsel
Abbotsford
Phone: 604-864-8877
Fax: 604-864-8867
Toll Free: 1-888-704-8877
Email: jmaryniuk@kuhnco.net
Vancouver
Phone: 604-682-8868
Fax: 604-682-8892
Jonathan Maryniuk
Jonathan maintains a broad solicitors and litigation practice with a focus on estate, trust, and committeeship disputes, housing, leasing, administrative law and judicial review, and appeals. He also acts in commercial, construction, real property and class action matters, and advises government, health authorities, charities, and not-for-profit organizations.
Jonathan has appeared as counsel in the Supreme Court of Canada, the British Columbia Court of Appeal, the Supreme Court of British Columbia and the Provincial Court of British Columbia. He also has appeared before various administrative tribunals, including the British Columbia Human Rights Tribunal.
In estate, trust and committeeship matters, Jonathan acts for executors, trustees, beneficiaries and family members. His cases have involved varying wills, the validity of wills and trust instruments, testamentary capacity, the removal of executors, the passing of accounts, and committeeship litigation under the Patients Property Act.
In administrative law, Jonathan acts for government bodies, non-profit organizations, and private parties on judicial reviews and tribunal hearings. His cases have involved housing, residential builder licensing, access to information, human rights and professional regulation.
Jonathan is an instructor for the CHBC BC Construction Law course, and a contributing author to the CanLII Manual to British Columbia Civil Litigation, which received the Hugh Lawford Award for Excellence in Legal Publishing.
Education
2009
University of Alberta (LL.B.)
2005
Trinity Western University (B.A. Hon)
Professional and Community Activities
Former Member
Canadian Bar Association
Former Director
Abbotsford International Airshow Society
Former Director
Fraser Valley non-profit
Instructor
Canadian Home Builders’ Association BC
Selected Cases
Appeals and Class Proceedings
- Counsel for the appellant landowners dismissing a claim to a constructive trust over development land and cancelled the certificate of pending litigation: 2026 BCCA 291.
- Counsel for a developer in the Court of Appeal’s first consideration of the framework for converting an individual action into a class proceeding: 2026 BCCA 187.
- Co-counsel for the defendant in a class proceeding certification (2019 BCSC 2007) in one of the leading cases on pleading unjust enrichment alongside a contract claim: 2021 BCCA 85.
Estates and Trusts
- Counsel for a potential trust beneficiary declaring an invalid deed that purported to amend a family trust and remove the petitioner as a beneficiary, and later awarded him full indemnity costs payable from the trust: 2024 BCSC 1140 and 2024 BCSC 2495.
- Counsel for an executor where the Court dismissed a beneficiary’s application to compel a formal passing of accounts, holding that it should be deferred while related proceedings were pending: 2022 BCSC 533.
- Counsel for an executor where the Court granted summary judgment proving a will in solemn form and dismissed counterclaims that challenged the will-maker’s testamentary capacity (Supreme Court of British Columbia, 2017).
- Counsel for will beneficiaries where an executor was ordered to account for his administration of a testamentary trust over its full period, with costs (Supreme Court of British Columbia, 2012).
Administrative and Public Law
- Counsel for a provincial Crown agency dismissing a petition for judicial review of the agency’s decision declining to approve an education provider’s builder-training materials: 2024 BCSC 1917.
- Counsel for a provincial Crown agency in an 11-day hearing before the British Columbia Human Rights Tribunal that dismissed the complaint: 2025 BCHRT 242.
- Counsel for a provincial Crown agency dismissing a petition for judicial review: 2026 BCSC 627. The Court of Appeal then refused a stay and ordered security for costs of the appeal.
- Counsel for a provincial Crown agency striking a negligence claim and held that the agency does not owe homeowners a private law duty of care when it issues a building licence: 2022 BCSC 254.
- Counsel for a provincial Crown agency in a housing decision striking all claims against the agency: 2025 BCSC 2362.
- Counsel for a charity seeking access to the total of the Province’s legal costs in ongoing constitutional litigation: 2020 BCCA 238.
Construction, Property and Commercial
- Counsel for a property owner declaring builders lien extinguished and cancelling a the certificate of pending litigation :2021 BCSC 1865.
- Counsel for the plaintiffs, including two public bodies involving the structural failure of a seniors’ housing addition: 2013 BCSC 2360.
- Counsel for a not-for-profit society which was granted an injunction that set protest boundaries at the entrances to a public event (Supreme Court of British Columbia, 2026).