Significant recent cases in which Eric Bojm, Malcolm Funt or David Gibbons have been counsel or co-counsel:
British Columbia Court of Appeal
Teal Cedar Products Ltd. v. Rainforest Flying Squad, 2022 BCCA 26, and Teal Cedar Products Ltd. v. Mashari, 2021 BCCA 353, representation of a number of protestors in the Fairy Creek watershed area on Vancouver Island who have mounted an ongoing protest against old-growth logging. The case is currently under appeal seeking leave to the Supreme Court of Canada.
Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., 2021 BCCA 129, precedent setting appeal regarding the interpretation of legal costs and what is relevant in the “fair and just” apportionment of liability under the Environmental Management Act.
Crook v. British Columbia (Director of Child, Family and Community Service), 2020 BCCA 192, in conducting a safety assessment under s. 16(2)(b.1) of the Child, Family and Community Service Act, R.S.B.C. 1996, c. 46, social workers concluded that the our client’s children, ages 10 and under, should not be unsupervised while riding public transit. The Court of Appeal found that the MCFD purported to exercise a statutory power that was subject to judicial review, in that they imposed a requirement on the appellant to supervise his children on public transit. This requirement, or order, became a condition to their conclusion that the children were safe and the file could be closed. The Court of Appeal concluded that this purported exercise of a statutory power was not authorized under s. 16(2)(b.1) of the CFCSA and was therefore unreasonable.
Ladner Reach Properties Ltd. v. Cameron, 2020 BCCA 198, an appeal of an order striking paragraphs of an amended counterclaim and dismissing most of an application for production of documents. Pleadings were restored as a result of being material to the declaratory and injunctive relief sought under s. 172 of the Business Practices and Consumer Protection Act. Document production application was remitted to lower court.
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 – Trial decision upheld by the Court of Appeal in favour of our clients, 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 Supreme Court
Tietz v. Cryptobloc Technologies Corp., 2021 BCSC 2275 – Successful defence of our client in repelling an attack by the petitioners for leave to bring secondary market claims pursuant to section 140.8 of the Securities Act within a proposed class action.
Patterson v. Eilat Exploration Ltd. and Kitov Resources Ltd., 2021 BCSC 1474 – Our client was successful in his damages claim against the two defendant companies for breach of contract.
Sipos v Netlink Computer Inc., 2021 BCSC 183 – Court approved settlement of class proceeding.
Equustek et. al. v. Jack et. al., 2020 BCSC 793 – Our client was found entirely clear of all wrongdoing in this complex litigation that concluded in a 73-day trial. The plaintiff brought claims in civil conspiracy, passing off, breach of copyright and under the Competition Act. All claims were dismissed against our client with costs payable to the client.
Jastram Properties Ltd. v Tan, 2020 BCSC 1610 – Court approved settlement of class proceeding.
Adrian Cook v. The Director Under the Child, Family and Community Service Act, 2019 BCSC 1954 – Representation of the petitioner in a judicial review against the Ministry of Child and Family Development for the right of a parent to allow his five children to take the public bus unsupervised. The petition was brought as a challenge to the statutory authority of the Ministry and under the Canadian Charter of Rights and Freedoms. Currently under appeal at the British Columbia Court of Appeal.
Jansen Industries 2010 Ltd. v Victory Motors (Abbotsford) Ltd., 2019 BCSC 1621 – Result at trial from one of the longest contaminated sites trial in British Columbia in over a decade, was a major win for our clients in defending a $2.7 million contaminated sites claim. The vast majority of the claim was dismissed, with a major reduction of liability accruing to our clients on the portion of damages that were admitted at trial. This case will be relied upon in British Columbia on numerous points of law in this area for many years to come.
West Lonsdale Medical Clinic Inc. v 0706394 B.C. Ltd., 2019 BCSC 1205 – Successful defense of a landlord and advancement of a counterclaim on its behalf at trial with respect to a commercial tenancy dispute. The tenant sought various remedies against the landlord, including equitable relief and damages, with respect to two commercial leases. The tenant’s damages claim was dismissed and we successfully obtained orders including vacant possession and damages for unpaid rent on behalf of the landlord.
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 – Defense at trial of a telecommunications company against a former agent for breach of contract. The result at trial was a major win for our client and included an order for costs against the opposing party after trial due to an ‘offer to settle’ being made pre-trial which was beaten at trial.
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 completed July 2019, reasons for judgment on reserve).
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.
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.
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.