Brad W. Dixon

Practice Details

• Firm Information
  Position

  Partner

  Firm Name

  Borden Ladner Gervais LLP
• Representative Cases & Transactions
  Cases

  Representative Work: Unlu v. Air Canada (sub nom. Ozturkler v. British Airways), British Columbia Supreme Court, defended a certification application in a proposed class action against British Airways. Certification application dismissed. On appeal, the Court of Appeal affirmed the result in the court below.
  Sekhon v. Royal Bank
  others, defended The Bank of Nova Scotia in a consumer class action claim relating to sales of balance protection insurance. Certification application dismissed.
  Tangerine Financial Products Limited Partnership v. The Reeves Family Trust, British Columbia Court of Appeal, successful appeal on behalf of Scotiabank
  Tangerine Bank, obtaining dismissal of an application to enjoin use of the name Tangerine Bank.
  Watson v. Bank of America Corporation et al, British Columbia Court of Appeal, represented Scotiabank on appeal from certification of class action. Judgment varied.
  Marshall v. United Furniture Warehouse Limited Partnership, et al, British Columbia Court of Appeal. Defended a national retailer against a consumer class action. Certification application dismissed. Result affirmed on appeal. Leave to appeal to Supreme Court of Canada denied.
  Koubi v Mazda Canada Inc. et al, British Columbia Court of Appeal. Defended a distributor
  its authorized BC dealers against a consumer class action seeking disgorgement of profits based on waiver of tort. Successfully obtained reversal on appeal of certification
  proceeding dismissed as disclosing no cause of action. Leave to appeal to Supreme Court of Canada denied.
  Gary Jackson Holdings Ltd. v. Eden
  others, British Columbia Supreme Court. Acted for lenders in successfully opposing certification of claim by investors in failed development company.
  Chartr
  v. General Motors Corporation, British Columbia Supreme Court. Dismissal of application for certification of a proposed class action.
  CareVest Capital Inc. v. Chychrun
  others, British Columbia Supreme Court. Obtained dismissal of negligence claims by pre-sale strata lot purchasers against project lender on developer's failure to complete development of a subdivision
  subsequently obtained dismissal of claims to priority interest by pre-sale purchasers). Please also see: http://www.courts.gov.bc.ca/Jdb-txt/SC/08/11/2008BCSC1138.htm.
  Benning v. Volkswagen Canada, British Columbia Supreme Court. Obtained dismissal of application for certification of a proposed class action.
  Dahl v. Royal Bank
  others, Court of Appeal for British Columbia. Affirming pre-certification dismissal of a proposed class action.
  Ernewein v. General Motors, Court of Appeal for British Columbia. Reversal of certification order, application for leave to appeal dismissed by Supreme Court of Canada.
  Nanaimo Immigrant Settlement Society v. Province of British Columbia, Court of Appeal for British Columbia. Affirming dismissal of a class action on summary trial of common issues
  application for leave to appeal dismissed by Supreme Court of Canada.