Cases
Representative Work: General Corporate, Commercial
Civil Litigation: Extensive experience acting for companies
individuals with respect to the enforcement
termination of contracts including asset
share purchase agreements, partnership agreements, contracts of purchase
sale, leases, franchise agreements, distribution agreements, construction contracts, loan agreements, bank
credit union account operating agreements, indemnity agreements
trust agreements.
Acts for companies
individuals to advance
defend claims for fraud, deceit, misrepresentation, conspiracy, breach of fiduciary duty, interference with contractual
economic relations
negligence.
Real Estate Litigation: Extensive experience acting for vendors
purchasers of commercial
residential real estate in collapsing
collapsed deals.
Advances
defends claims for specific performance
injunctions.
Acts for developers in defence of claims under the Real Estate Development Marketing Act ( REDMA ).
Acts for co-owners in partition
sale proceedings.
Acts for owners in respect of disputes relating to easements, restrictive covenants
other charges.
Acts for commercial l
lords
tenants in lease disputes, including the termination
enforcement of leases as well as rent reviews to determine market rent for renewal terms.
Franchise
Distribution Litigation: Extensive experience advising franchisors
franchisees (including multi-unit
master franchisees) in all types of franchise disputes
franchise litigation matters, spanning a broad range of industries including quick services, food
beverage, hotel
hospitality, automotive, commercial services, residential services
education.
Acts for franchisors, franchisees
distributors with respect to the enforcement
termination of franchise agreements
distribution agreements, including in respect of restrictive covenants.
Acts for franchisors, franchisees
distributors in the prosecution
defence of claims for breach of contract, rescission, breach of the duty of good faith, misrepresentation, fraud, conspiracy, defamation, the Franchises Act (British Columbia). Competition Act,
the Trade-marks Act .
Acts for franchisors
distributors to recover monies due under franchise
distribution agreements.
Construction Litigation: Regularly acts for owners
contractors in disputes involving default
termination, including construction defect, deficiency, delay
productivity claims.
Regularly clears, defends
enforces Claims of Builders' Lien.
Creditors Remedies: Acts for companies
individuals to collect overdue accounts
to enforce promissory notes, credit agreements
indemnity agreements.
Enforces domestic
foreign judgments.
Regularly provide advices to garnishees with respect to their obligations under garnishing orders.
Prosecutes claims for fraudulent preferences
conveyances.
Recent Cases: Counsel to a real estate developer in response to an appeal of a lower court judgment declaring contracts of purchase
sale valid
enforceable ( 2017 BCSC 430 ), successfully obtaining a dismissal of that appeal, with reasons that clarify the st
ard of review of Real Estate Board of Greater Vancouver contracts
finding certainty of terms through offers
counter-offers, notwithst
ing errors on the face of the contracts ( 2018 BCCA 337 ) .
Counsel to a real estate developer in response to an appeal of a lower court judgment that dismissed all of the Plaintiff's claims, successfully defending an application for fresh evidence
obtaining a dismissal of the appeal ( 2017 BCCA 201 ).
Counsel to a real estate developer in a dispute about the validity
enforceability of contracts of purchase
sale tied to a l
assembly project, obtaining an order that the contracts were valid
enforceable ( 2017 BCSC 430 ).
Counsel to private lenders in a priority dispute in respect of funds paid into court, obtaining an order for the distribution of funds in favour of clients (2017).
Counsel to a purchaser of luxury property in a collapsing real estate transaction, seeking
obtaining specific performance (2017).
Counsel to a construction manager in a domestic arbitration, successfully advancing a claim to obtain compensation for services rendered, defending against claims for alleged defects, deficiencies
backroom deals (2016)
in turn, obtaining a supplementary award for reasonable legal costs incurred in the arbitration (2017).
Counsel to a real estate developer in response to an appeal of a lower court judgment, where all of the plaintiff's claims were dismissed
lien security was returned to the developer, avoiding a stay of the judgment
obtaining security for costs ([2016] BCJ No 1329).
Counsel to a data centre operator in defence of claims for reduced up-time
data loss (2016).
Counsel to a real estate developer in defence of a claim for alleged breaches of contract relating to the provision of a mechanical system, obtaining a dismissal of all claims ( 2015 BCSC 1928 ).
Counsel to a construction contractor in a complex construction matter with claims by
against the contractor, opposing
avoiding severance of the contractor's claims to ensure that all matters could be heard
determined together (2015).
Counsel to an auto dealer / franchisee in a National Auto Dealer Arbitration Program (NADAP) proceeding in respect of alleged breaches of the franchise agreement (2015).
Counsel to a franchisor in defence of an application for an adjournment on the eve of trial, obtaining an order allowing the case to proceed to trial without delay ([2015] BCJ No 1969).
Counsel to a real estate developer in a collapsed real estate deal for commercial property, obtaining an order dismissing all claims made by the individual plaintiffs against the developer (2015).
Counsel to a real estate developer in a collapsed real estate deal for commercial property, obtaining an order permitting the withdrawal of admissions made by the developer's previous counsel (2015).
Counsel to investors in a mixed use real estate development seeking
obtaining recovery of their investment after the development project was halted (2015).
Counsel to a telecommunications company in an arbitration to set licence fees (2014).
Counsel to a tenant in defence of eviction proceedings under the Commercial Tenancy Act, avoiding eviction (2014).
Counsel to a construction contractor in an arbitration to recover amounts owing under contract, defending a counterclaim for alleged delays (2014).
Counsel to a real estate developer in a case regarding the validity
enforceability of a restrictive covenant, obtaining an order to remove the restrictive covenant from title (2013).
Counsel to a real estate developer in a case regarding the validity of claims for an interest in l
the validity of a certificate of pending litigation, obtaining the removal of the certificate of pending litigation on an expedited basis (2013).
Counsel to a lender in respect of amounts owed to it, obtaining an order approving the sale of commercial property to satisfy the lender's claims ([2013] BCJ No 2924).
Co-counsel to a master franchisee in relation to claims for rescission
damages under the Arthur Wishart Act (Franchise Disclosure) (2013).
Counsel to an accounting professional in an arbitration in respect of the termination of a partnership (2012).
Counsel to a deposit bond provider in a case relating to breaches of an indemnity agreement, obtaining a Bullock order for costs ( 2013 BCSC 1165 ).
Counsel to a real estate brokerage in an ongoing partnership dispute relating to the purchase
sale of real estate, successfully opposing an application to add the brokerage as a defendant ( 2012 BCSC 997 ).
Co-counsel to a real estate developer in defence of a summary judgment application involving allegations of breach of contract
the Real Estate Development Marketing Act (REDMA), obtaining an order allowing the case to proceed to trial so that credibility issued could be tested ( 2012 BCSC 363 ).
Counsel to a deposit bond provider in a case relating to breaches of an indemnity agreement, obtaining full indemnity for the bond provider's losses, including legal costs ( 2012 BCSC 1283 ).
Counsel to a deposit bond provider in a case relating to breaches of contract ( 2011 BCSC 1825 ).
Counsel to a financial institution in respect of a claim for the distribution of funds where ownership was disputed ( 2011 BCSC 856 ).
Counsel to an international environmental solutions provider in an arbitration regarding a contractual dispute with its subcontractor (2011).
Counsel to a corporate vendor in defence of a case concerning the alleged breach of a contract of purchase
sale of l
, obtaining dismissal of the plaintiff's claim at summary trial ( 2011 BCSC 1061 ).
Counsel to a commercial tenant in a lease dispute, obtaining an interlocutory injunction restraining the l
lord from breaching the lease (2010 BCSC 1371).
Counsel to a commercial l
lord in an arbitration to set renewal rent (2010).
Counsel to a financial institution in respect of a claim for the distribution of funds where ownership was disputed ( 2010 BCSC 1230 ).
Counsel to a construction contractor in a case concerning an alleged loss of profit arising from an alleged repudiation of a contract (2010).
Counsel to a plaintiff financial institution in a case to recover losses from a customer's negotiation of counterfeit cheques, obtaining judgment for all losses ([2010] BCJ No 2297).
