Cases

Significant recent cases in which our lawyers have as acted as counsel:

1008718 B.C. Ltd. v Osiria Welding & Fabrication Ltd.

2023 BCSC 2001, successful conclusion to a commercial leasing dispute where the firm acted for the landlord in terminating a lease and illegal sublease. The court ordered vacant possession in favour of our client as well as full indemnity legal fees and double rent during the entire overholding period.

View the judgement here (opens in a new tab).

Actton Super-Save Gas Stations Ltd. v Eneas

2024 BCSC 543, emergency interim injunction was granted in favour of our client to protect their business operations when the opposing party stated their intention to remove our client from the property with less than 24 hours notice.

View the judgement here (opens in a new tab).

White Square Development Inc. v. Tympanum Construction and Project Management Ltd.

2024 BCCA 66, successful defense of a business loan dispute where our client was awarded judgment at trial pursuant to a promissory note which was upheld by the Court of Appeal with legal costs payable to our client.

View the judgement here (opens in a new tab).

Equustek Solutions Inc. v. Jack

2024 BCCA 104, successful defense of a significant and complex 3-day appeal relating to a claim of breach of confidence and conspiracy. The Court of Appeal upheld the findings of the trial judge after a 73-day trial. Our client was awarded costs at an elevated scale to reflect the complexity of the matter.

View the judgement here (opens in a new tab).

Re (Zhang)

2024 BCSC 553, ongoing bankruptcy proceedings where our clients are the major creditors of the estate after securing a trial judgment in excess of $7 million. This decision allowed the appeal of that judgment to proceed but protected our clients through interim distributions and costs payable by a third party rather than the estate.

View the judgement here (opens in a new tab).

Visionlink Corp. v Patterson

2023 BCSC 1341, our client who was a judgment creditor on a different matter successfully had this claim struck out as an abuse of process.

View the judgement here (opens in a new tab).

Wu v Ma

2023 BCSC 1390, our firm acted for an individual who had his assets frozen without notice. This decision overturned that freezing order for the benefit of our client.

View the judgement here (opens in a new tab).

Boat Harbour Legacies Ltd. v. Tiara (BHL ) Holdings Inc.

2024 BCSC 799, successfully obtained a summary judgment on behalf of our client dismissing the plaintiff’s entire claim in excess of $680,000 relating to a share purchase agreement and proposed major development project on Vancouver Island.

View the judgement here (opens in a new tab).

1008718 B.C. Ltd. v. Osiria Welding & Fabrication

2023 BCCA 149, our client, a commercial landlord, appealed an order relating to the termination of a commercial lease pursuant to the Commercial Tenancy Act. The appeal was allowed vacating the chambers judgment.

View the judgement here (opens in a new tab).

Pineau v. KMI Publishing and Events Ltd.

2022 BCCA 426, successful appeal of a damages trial decision in a defamation case on a highly deferential standard. Our client’s damages award from trial was doubled after the Court of Appeal found two errors of law in the trial decision related to publication of a defamatory article online. Legal costs were subsequently awarded to our client.

View the judgement here (opens in a new tab).

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. Leave to appeal to the Supreme Court of Canada denied.

View the judgement here (opens in a new tab).

Zhang v Zhang

2022 BCSC 2156, Successful 32-day trial in which our clients obtained judgment for over $7 million in a breach of trust claim, including an award of special costs (ie. full payment of all legal fees) and punitive damages against the defendants.

View the judgement here (opens in a new tab).

Zhang v. Zhang

2022 BCSC 1369, Successful application to compel production of a solicitor’s file.

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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.

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.

View the judgement here (opens in a new tab).

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.

View the judgement here (opens in a new tab).

Yang v. Lu

2021 BCSC 2681, Successful application for a preservation order over funds and assets pursuant to Rule 10‑1(1) of the Supreme Court Civil Rules

View the judgement here (opens in a new tab).

Sipos v Netlink Computer Inc.

2021 BCSC 183 – Court approved settlement of class proceeding.

View the judgement here (opens in a new tab).

Theobald v. Coffey-Lewis

2021 BCSC 2491 – Obtained a $1,269,849 judgment on behalf of a plaintiff seriously injured in two motor vehicle accidents – Trial

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Singh v. Victoria & District Cricket Association

2021 BCSC 2480 – Obtained an Order that a Society’s membership application process remain open and accessible at all times – Short Notice Application

View the judgement here (opens in a new tab).