Malcolm Funt

Malcolm regularly acts for franchisors and franchisees in franchise disputes. This includes advising clients on termination of franchise agreements, enforcement of restrictive covenants, rescission claims and claims under the Franchises Act. In addition, franchises commonly have other ancillary agreements, such as commercial leases and supply contracts. Malcolm’s broad litigation background assists franchisors and franchisees navigate these types of agreements.

In addition to franchise matters, he carries on a general litigation practice as a founding partner of Bojm, Funt & Gibbons LLP, with a particular interest in appeals, contract and partnership disputes, real estate litigation, class action defence and environmental contaminated sites litigation. In addition, Malcolm has acted on a number of cases involving claims of fraud and breach of fiduciary duties.

Malcolm has been counsel on eight trials, spanning over 130 trial days in the BC Supreme Court and has been counsel on numerous appeals at the BC Court of Appeal. Malcolm also has extensive experience negotiating out of court settlement agreements through mediation.

Malcolm is an adjunct professor at the UBC Faculty of Law where he teaches Topics in Private Law: Advanced Contract Law (Law432) to upper-year students.

*Practicing through the Malcolm B. Funt Law Corporation


  • J.D., University of British Columbia – 2014
  • B.Comm. (Finance), McGill University (with distinction) – 2011


  • Malcolm regularly provides legal advice through Access Pro-Bono’s Vancouver Courthouse summary advice clinic and was recently recognized in the British Columbia Court of Appeal’s 2018 to 2022 Annual Reports for his contributions to pro bono services on Court of Appeal cases.
  • Malcolm is also currently one of approximately 30 volunteer lawyers engaged in Access Pro Bono’s New Appellate Initiative working to provide legal services to all self represented litigants who do not have the financial means to hire a lawyer at the appellate level.
  • Malcolm is involved in the development of legal education in British Columbia. In addition to teaching Advanced Contract Law, he has spoken at CLE conferences on Civil Litigation and Commercial Litigation, as well as guest lectured at the UBC Faculty of Law on injunctions in the environmental context. Malcolm is also a member of the Advocates’ Club, the Canadian Bar Association and the Vancouver Bar Association.
  • Malcolm is the Chair of the Board of Directors of the Orcas Island Foundation and was recently a Big Brother as part of the Big Brothers of Greater Vancouver.


  • Presenter: CLEBC Civil Litigation Basics Seminar, April 2021
  • Author and Presenter: “Certificates of Pending Litigation” Continuing Legal Education Commercial Litigation Seminar, 2018
  • Speaker: “Acting as an Expert Witness in Contaminated Sites Litigation” June 2019 Society of Contaminated Sites Approved Professionals of British Columbia
  • Co-author: “Evidence” Annual Review of Law and Practice (CLE) 2016
  • Co-author: “Métis, Non-Status Indians Constitutionally Deemed ‘Indians’, Subject to Federal Jurisdiction. Blakes Bulletin on Aboriginal Law, April 15, 2016
  • Co-author: “Can First Nations Claim Aboriginal Rights and Title as well as Treaty Rights?” Blakes Bulletin on Aboriginal Law, August 2015
  • Co-author: “Take-Off Denied for Airline Fuel Surcharge Class Action”, Blakes Bulletin on Class Actions, August 2015
  • Co-author: “B.C. Court Finds Methodology to Prove Causation is Required to Certify Pharmaceutical Class Actions”, Blakes Bulletin on Litigation & Dispute Resolution, February 2015
  • Co-author: “New B.C. Limitation Act in Force in British Columbia”, Blakes Bulletin on Litigation & Dispute Resolution, June 2013