Significant cases in which Eric Bojm, Malcolm Funt or David Gibbons have been involved in are:
British Columbia Court of Appeal
1103969 B.C. Ltd. v. 1069185 B.C. Ltd., 2019 BCCA 73 – Successful representation of the appellants overturning a discretionary decision in a complex foreclosure proceeding regarding the extension of a redemption period.
Stolba v. Comwave, 2019 BCCA 120 – Successful defense of a telecommunications company in an appeal challenging a trial judgment in a breach of contract and unjust enrichment claim.
Xiao v. Fan, 2018 BCCA 143 – Representation of the respondents in an appeal related to the removal of a certificate of pending litigation in a previously unsettled area of the law.
Barker v. Daum, 2018 BCCA 400 and 2018 BCCA 402 – Successful representation of a respondent on an appeal of a point of law relating to the Court Order Enforcement Act.
Northwest Waste Solutions Inc. v. Super Save Disposal Inc., 2017 BCCA 312 – A leading Court of Appeal case regarding the requirement to disclose a settlement agreement in a commercial case.
British Columbia Securities Commission
Re CAAS, 2017 BCSECCOM 296 – Successful representation of an individual investigated by the BC Securities Commission for alleged breaches of the Securities Act. All allegations were dismissed.
British Columbia Supreme Court
Daum v. Gorrell, 2018 BCSC 225 – Striking of a shareholder petition on the basis of abuse of process. Special costs awarded against the opposing party.
Stolba v. Comwave, 2017 BCSC 2254 – Successful defense at trial of a telecommunications company against a former agent for breach of contract.
Wang v. Wang, 2017 BCSC 2395 – Successful defense at trial of an individual in a business partnership against claims of fraud, breach of fiduciary duty and breach of contract related to the purchase and management of real estate.
Font v. Segal, 2018 BCSC 693 – Successful defense on behalf of the plaintiff of an application brought by a defendant for want of prosecution.
DeCotiis v. Petromin Resources Ltd., 2017 BCSC 514 – Successful representation of Petromin Resources in proposed derivative action brought by a shareholder deemed by the court to not be in the best interests of the company.
Laidar Holdings Ltd. v Lindt & Sprungli (Canada) Inc., 2018 BCSC 66 – Representation of the defendant in a lengthy trial of an action related to a commercial lease and zoning restrictions.
Equustek Solutions Inc. v. Jack, 2017 BCSC 2356 – Security for costs application on basis of impunity of the plaintiff. (Trial of the action ongoing).
Zhang v Amaral-Gurgel, 2017 BCSC 1561 – Trial of an action regarding the application of a lawyer’s approval clause in a real estate purchase and sale agreement.
Lee v Transamerica Life Canada, 2017 BCSC 843 – Representation of a proposed class of plaintiffs in a novel fraud case relating to the provision of life insurance products.
Ashurwin Holdings Ltd. v. British Columbia, 2012 BCSC 1408 – Successful representation of a tenant in a judicial review of a residential tenancy board decision.
Federal Court of Canada
Save Halkett Bay Marine Park Society v. Canada (Environment), 2015 FC 302 – Successful representation of the Artificial Reef Society in the judicial review of a Federal permitting decision.
Roots d.b.a. W.R. Marine Services v. Artificial Reef Society of BC, 2014 FC T-709-13 – Successful application for an order releasing the marine vessel HMCS Annapolis from arrest.