Biography
Lucinda is a partner at Carbert Waite LLP practising in employment, immigration, and commercial litigation. She obtained her J.D. from Queen’s University in 2014. She has acted in a wide variety of complex litigation matters from inception to trial, as well as judicial reviews, appeals, and judgment enforcement. Lucinda has appeared before the Alberta Court of Justice, Court of King’s Bench, Alberta Court of Appeal, Federal Court, the Immigration Appeal Division, and the Refugee Protection Division.
Employment Law: Lucinda specializes in employment law, having advised and represented both employers and employees on a range of issues from inception to trial, including workplace terminations, constructive dismissal, employee discipline human rights matters, workplace policies, and on the treatment and procurement of foreign workers.
Immigration Law: As an immigration lawyer, Lucinda possesses experience with a variety of permanent resident applications, judicial reviews of negative immigration decisions, in-Canada humanitarian and compassionate claims, refugee claims, family class sponsorships, spousal sponsorship appeals, residency obligation appeals, pre-risk removal assessments (PRRA), inadmissibility, removals, immigration detention reviews, and applications for temporary residence.
Civil and Commercial Litigation: Lucinda’s general civil and commercial litigation practice emphasizes insurance, advising insureds on their rights and obligations in a variety of coverage disputes and bad faith claims. She also regularly acts in contract disputes, insolvency matters, personal injury, and construction claims.
Lucinda’s wide range of experience in both immigration and commercial litigation assists her in advocating and tailoring efficient solutions for her clients.
In addition to the above, Lucinda is a strong supporter of access to justice. She volunteers through the Calgary Legal Guidance Litigation Clinic, Pro Bono Alberta immigration clinics, and with the CBA immigration section.
Professional Memberships
- Law Society of Alberta (2015)
- Canadian Bar Association
- Calgary Bar Association
- Association of Women Lawyers
- Federation of Asian Canadian Lawyers
Highlights
- Shao v Canada (Citizenship and Immigration), 2024 FC 281: Federal Court judicial review on the issue of criminal inadmissibility and the equivalency of Chinese and Canadian criminal law;
- Nabacwa v Canada (Citizenship and Immigration), 2024 FC 249: Federal Court judicial review of a negative refugee vacation decision that resulted in restoring the applicant’s refugee status;
- Wen v Canada (Citizenship and Immigration), 2023 FC 1127: Federal Court judicial review overturning a negative humanitarian and compassionate decision, taking into account the best interests of the children;
- Acted on behalf of an insured who was denied commercial property coverage following an arson committed by a third party. Successful resolution of the coverage dispute after suing both the insurer and insurance broker.
- Gosh v Canada (Citizenship and Immigration), 2023 FC 390: Federal Court judicial review overturning a negative humanitarian and compassionate decision. The applicant was criminally inadmissible, but unable to apply for rehabilitation;
- Badsha v Canada (Citizenship and Immigration), 2022 FC 1634: Federal Court judicial review overturning a finding that the Applicant was inadmissible to Canada under Section 34(1)(f) of IRPA for allegations of having been a member of an organization that there are reasonable grounds to believe engages in terrorism;
- Augusto v Canada (Citizenship and Immigration), 2022 FC 226: Federal Court judicial review of a negative decision on humanitarian and compassionate grounds, focusing on the best interests of children;
- Kostic v Alger, 2021 ABCA 31: Represented the respondents, the former special purpose liquidator assigned to advance a proposal for the Piikani Investment Corporation, in an appeal of a contempt order issued against the appellant.
- Re P7 Construction Ltd. and 1619904 Alberta Ltd.: Acted as co-counsel to BDO Canada Limited as the Receiver of the properties of P7 Construction Ltd. and 1619904 Alberta Ltd., including obtaining a Sale and Vesting Order to sell the debtors’ assets and seeking the return of a post-receivership payment;
- Geophysical Service Incorporated v Total SA, 2020 ABKB 730: Co-counsel on a successful 6-day trial on a complex contractual dispute in the oil and gas services industry against a multinational oil and gas exploration company;
- Motta v Davis Wire Industries Ltd, 2020 ABQB 136: Costs decision in favour of the Plaintiff following trial;
- Motta v Davis Wire Industries Ltd, 2019 ABQB 899: Represented a Plaintiff at 6-day trial in a wrongful dismissal claim on the issue of just cause for dismissal;
- Balderramos v Canada (Citizenship and Immigration), 2019 FC 1391: Federal Court judicial review overturning a refusal of an application for a Pre-Removal Risk Assessment (PRRA).
- Gas Plus Inc. v Levelton Consultants Ltd.: Represented gasoline distributor in case-managed, multi-party, interlocutory proceedings.
- In The Matters of the Proposals of MCG Construction Ltd., ADL Projects Ltd., Otaraccan Holdings Ltd., and TDNACC Holdings Ltd. (2018): Acted as co-counsel to the debtor group of construction companies in making a Division I proposal to creditors.
Community
- Volunteer, Calgary Legal Guidance Litigation Clinic
- Member at Large, Canadian Bar Association for Immigration – South
- Founding Member, Federation of Asian Canadian Lawyers