This month’s spotlight shines on Tony Wilson, KC, of Embarq Law at Bojm, Funt & Gibbons LLP
How did you first get involved with CLEBC?
I took a number of CLEBC courses during the early days of my career in the ’80s and early ’90s. Later, I developed a specialty in a niche area — Franchise Law — and my mentor, Len Polsky, made sure I was included in the CLEBC programs he chaired or participated in.
From there, I became a regular presenter for CLEBC courses on franchising, including a small business program where I taught the franchise component, and an intellectual property and trademarks course where I covered franchising as well.
That’s what happens when you develop a niche practice area — eventually everyone wants you on their program because you become the “go-to” person in that space.
What are you currently working on (or have most recently worked on) with CLEBC?
I’ve chaired CLEBC’s franchise law programs regularly since the mid-1990s.
One of the most memorable was in December 2016, when my colleagues Blair Rebane, Peter Snell, Judy Rost, and Jennifer Dolman spoke about BC’s new Franchises Act, which came into force in February 2017. We covered the new disclosure obligations for franchisors doing business in BC — similar to what was already required in Ontario, Alberta, and other provinces — and the serious consequences of failing to disclose or doing so improperly. In some cases, this gave franchisees a way out of their deals within two years of signing.
We offered a similar update course in 2020 over Zoom, and the course scheduled for June 2025 will bring BC lawyers up to date on current issues, including disclosure requirements, restrictive covenants, recent case law, and guidance for franchisees.
What inspired you to focus your practice on franchising, licensing, and IP law?
I was lucky enough to answer a one-time ad in the Vancouver Sun in October 1988. Len Polsky was looking for a junior lawyer to help with his franchise law practice. He later told me he interviewed about nine people, and while he appreciated that I had done some franchise work at my previous firm, I think he liked that I had grown up in the hotel and restaurant business — my dad owned a couple of hotels and restaurants in Victoria, and my brothers and I worked every summer in one or the other.
I’d also worked as a waiter at a franchised restaurant chain (The Keg, if you must know) before and during law school. Since a large percentage of Len’s clients were franchised restaurants, I already had a feel for the industry. Or maybe I just interviewed well!
You are very active in the legal community, including as a writer, a speaker, and an adjunct professor. What motivates you to give back to the profession?
I ask myself that all the time. The “speaking” part is easy. When I worked with Len, he always made sure I had opportunities to speak at franchise shows, CLEs, CBA programs, and through the Canadian Franchise Association.
Never having met a microphone I didn’t like, public speaking came naturally. Maybe it goes back to my time as a Keg waiter in the chain’s glory days of the late ’70s and early ’80s — if you couldn’t be personable with strangers, you didn’t last long. It was great training for both public speaking and handling tricky situations (including difficult customers).
As for writing, I contributed to papers for CLEBC and other groups, but I’ve always had an interest in writing more broadly. I’m actually a journalism school dropout — I started at Carleton University but didn’t like the program (or Carleton), so I transferred to Western and did a political science degree, thinking I might circle back to journalism later.
Someone once told me to pick an undergrad subject I enjoyed. I took that advice, and it worked out. Many of my peers were heading into law, so I followed suit.
Years later, I began writing editorials and columns for The Globe and Mail, eventually becoming a legal business columnist in their small business section for about nine years. That led to a humour/opinion column in BarTalk called “Nothing Official,” which I wrote from 2003 to 2024. That gig brought me opportunities with other publications like Canadian Lawyer and Maclean’s.
I’d still like to collect those columns into a book — maybe CLE, the CBA, or the Law Society could hand them out in years when they aren’t giving out umbrellas.
I also wrote Buying a Franchise in Canada, a plain-language guide for prospective franchisees, and later a book on online reputation management, back before social media fully exploded.
You have been a Bencher of the Law Society of British Columbia since 2012 and are now a Life Bencher. What advice would you pass on to a newly called lawyer?
Being a Life Bencher doesn’t give me any magical insights, but when I was teaching Ethics at TRU Law School from 2015 to 2022, I often gave students practice and career advice — sometimes formally in lectures, sometimes informally in my office.
One piece of advice is to develop a niche — become the “go-to” person in a particular area of law. But also, be realistic about the market. Many students are drawn to environmental or entertainment law, which sound exciting, but don’t always offer a lot of job opportunities. If the clients aren’t there, you may struggle to pay off those student loans.
Large firms offer excellent training, but after three or four years, consider branching out with colleagues to start a boutique firm. You might not land the biggest clients, but you could serve your local market well. After a few years at a big firm, you’ll also be more marketable — whether at another firm, as in-house counsel, or in a government or quasi-legal role.
Other than law, what are you passionate about?
As I head into retirement, I’m finally getting to do all the things people say they’ll do when they retire. Mary Jane and I recently traveled to Australia and New Zealand, and we have a gorilla safari in Africa lined up for September, with Antarctica coming in January.
I’ve always loved writing, and I really enjoyed my time with The Globe and BarTalk. I’d love to compile some of those articles and take a run at the Stephen Leacock Medal for Humour (yes, it’s real!). If you know someone at The Advocate, maybe they need a new columnist?
I’ve also taken up astrophotography using one of those new “smart telescopes” that stacks images live — it’s incredibly fun.
Sailing has always been a passion, especially in the summer, and I hope to do more of that. I now have grandchildren — at least one — and grandparenting is something you become very passionate about very quickly.
My wife says I should have put my name forward as a Liberal candidate in the last federal election — apparently they were scrambling to find someone. As it turned out, the candidate who did run in New Westminster beat Peter Julian and is now off to Ottawa.
Ah well. I’ll think about that missed opportunity while anchored in Desolation Sound, sipping New Zealand Sauvignon Blanc.