Joseph Ensom

Managing Partner Practicing through a Law Corporation

Joe Ensom is an experienced trial and appellate lawyer and co-founder of Poulus Ensom Smith LLP. 

Joe's practice encompasses a broad range of civil and business litigation.  His experience includes contract disputes, shareholder and corporate governance disputes, Indigenous governance disputes, professional negligence claims, real estate litigation, injunctions, securities litigation, defamation claims, and oppression proceedings.  He regularly represents public and private companies, directors, officers, and shareholders, as well as Indigenous governments and individuals. 

He has appeared as counsel before all levels of court in British Columbia, the Federal Court, and the Alberta Court of King's Bench. He has also represented clients before administrative tribunals and regulators, including the BC and Ontario Securities Commissions.  He also routinely acts in alternative dispute resolution proceedings, including private arbitrations and mediations.

Joe has been recognized as a Litigation Star by Benchmark Litigation Canada, and has been ranked by Chambers & Partners as an “Up and Coming” lawyer by Chambers & Partners in the field of commercial litigation.

Clients value Joe for his strategic approach, practical judgment, and meticulous preparation. He understands that litigation is a means to achieving a client's broader commercial objectives, not an end in itself. Whether resolving disputes through negotiation or advancing a client's interests at trial or on appeal, Joe provides clear, practical advice and effective advocacy tailored to each client's goals.

Education

University of Toronto, J.D. (2012)

University of British Columbia, B.A. (2009)

Bar Admission

Ontario (2013)

British Columbia (2013)

Select Works

Contract Disputes

Counsel for the Plaintiff in a dispute related to the purchase of a business-to-business software application, including breach of contract and misrepresentation issues: 1385673 BC Ltd. v Nobox Limited, 2025 BCSC 325.

Counsel to a US-based developer in an international arbitration against a Canadian clean energy company regarding development rights in Australia.

Counsel for the plaintiff and related parties in a complex dispute arising from the breakdown in the relationship between Thunderstruck, a mineral exploration company operating in Fiji, and Bonga Xploration Drilling Supplies Ltd., a drilling contractor. The claim and counterclaim involve claims based on breach of contract, unjust enrichment, conversion and defamation: Thunderstruck Resources Ltd. v Bonga Xploration Drilling Supplies Ltd., 2022 BCSC 404.

Counsel for the developer One West Holdings Ltd. in the successful prosecution of a 34-day trial to recover a commercial parking area unlawfully seized by a strata corporation. The case makes new law on two points: developers do not owe fiduciary duties to condo purchasers; and a legal structure used in BC to allocate tens of thousands of parking stalls is valid and binding (with Hein Poulus, KC): One West Holdings Ltd. v The Owners, Strata Plan LMS 2995, 2021 BCSC 473.

Counsel for Concord Pacific Acquisitions Inc. in the successful defense of a five-day summary trial application brought by the owner of the Plaza of Nations land, who sought dismissal of CPAI’s claim for damages (estimated to be in excess of $100 million) arising from an alleged breach of a contract to jointly develop the Plaza of Nations land in Vancouver (with Hein Poulus, KC): Concord Pacific Acquisitions Inc. v. Oei, 2017 BCSC 236.

Counsel for the Plaintiff, a company controlled by the Ontario Teachers Pension Plan, in the recovery of unpaid principal, interest and legal costs from the guarantors of a $2.6 million mortgage loan: 1397225 Ontario Limited. v 0805361 B.C. Ltd., 2017 BCSC 1830.

Counsel for the Defendant in a complex breach of contract claim relating to the supply of natural gas to apartment buildings (with Jonathan S. McLean): Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership, 2017 BCCA 307.

Commercial Arbitrations

Acted for a BC-based professional services firm in the successful defense of a complex commercial fraud claim involving allegations of misrepresentation, self-dealing, and diversion of corporate opportunities (2026).

Shareholder Disputes and Proxy Contests

Counsel for Fancamp Exploration Ltd. in the successful dismissal of a Petition brought by dissident shareholders in a proxy contest. The dissidents’ Petition sought, among other things, to impose an independent chairperson as well as an early AGM date (with Hein Poulus, KC): Smith v Fancamp Exploration Ltd., 2021 BCSC 1758.

Counsel for Alternative Earth Resources Inc. in the successful appeal of two judgments which had found that the company and its directors had oppressed a minority shareholder, Jaguar Financial Corporation, by pursuing the acquisition of a private company called Black Sea Copper & Gold and by defending a proxy contest launched by Jaguar, who sought to take control of the company. The appeal decision preserved the present management of the company and is now a leading BC authority on the disclosable interests of directors and the oppression remedy (with Hein Poulus, KC): Jaguar Financial Corporation v. Alternative Earth Resources Inc., 2016 BCCA 193.

Defamation Claims

Counsel for the defendants in the successful dismissal of a defamation claim arising from a regulatory complaint: Seyedalikhani v Mansouri, 2023 BCSC 1902.

Professional Negligence Claims

Counsel for the plaintiffs in a complex negligence claim against a commercial litigation lawyer (with Hein Poulus, KC, Tessa Pedersen, and Naoki Hasegawa): Blizzard Uranium Corp. v Nathanson, Schachter & Thompson LLP, 2026 BCSC 466. To read more about this matter see here.

Indigenous Governance Disputes

Counsel for the Blueberry River First Nations in a two-day hearing before the Federal Court, successfully defending against a judicial review application challenging the substantive and procedural validity of the applicant’s removal as Chief (with Tessa Pedersen): Desjarlais v Yahey, 2025 FC 1992. To read more about the decision see here.

Counsel for Lhoosk’uz Dene Nation and its councilors in a judicial review proceeding challenging the suspension of the Nation’s Chief from office (including the successful dismissal of an interlocutory injunction motion): Squinas v. Lhoosk’uz Dené First Nation, 2023 FC 612.

Counsel for the Electoral Officer in a contested byelection for the role of the Chief of the for the Ts’il Kaz Koh Burns Lake First Nation in proceedings brought before the Federal Court pursuant to the First Nations Elections Act: Lorentz v. Suhr, 2022 FC 1138.

Counsel for the Council of the Kwikwetlem First Nation in a judicial review challenging the removal of their Chief from office (with Nazeer T. Mitha, KC): Hall v. Kwikwetlem First Nation, 2020 FC 994.

 

Client Testimonials

“[Joe is] very hard working and driven. He is detailed and meticulous in planning and execution of litigation strategy. He cares about results and jumps on any assignment. He communicates well and has good judgment.” (Benchmark Litigation Testimonial 2026)  

“He is responsive and technically outstanding” (Chambers 2026)

“He is a very strategic and creative thinker” (Chambers 2026)

Recognition

Benchmark Litigation Canada, Litigation Star, 2025

Benchmark Litigation Canada, 40 & Under Litigator Canada, 2023-present

Best Lawyers: Ones to Watch, 2024-present

Community Involvement

Member, Canadian Bar Association

Member, Vancouver Bar Association

Member, The Advocates’ Society

Member, BC Committee of The Advocate's Society

Publications

CBA-BC Civil Litigation Webinar, Duty of Honest Performance in Contracts (May 19, 2021).

Counsel Comment, Jaguar Financial Corporation v. Alternative Earth Resources Inc., 2016 BCCA 193 (June 2016, Take Five British Columbia Edition)

Counsel Comment, Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership, 2015 BCCA 421 (November 2015, Take Five British Columbia Edition)

Legal Assistant Enza Bonatto Castelan Braunn (778) 357-3020 ebonatto@peslitigation.com

Awards

Benchmark Litigation: 40 and Under 2023
Benchmark Litigation: 40 and Under 2024
Benchmark Litigation: 40 and Under 2025
Benchmark Litigation: Litigation Star 2025