Practice Areas

Appellate Practice

Our lawyers frequently act as counsel on appeals at the British Columbia Court of Appeal and are routinely successful. Since opening the firm in 2017, we have been counsel on over twenty civil appeal matters on a variety of legal areas including fraud, defamation, the Securities Act, contaminated sites and commercial leasing.

We commonly act as counsel on appeals of trial and chambers decisions where we were not counsel at the lower court in order to provide a fresh perspective and approach.

Malcolm Funt currently is co-chair of the Canadian Bar Association Appellate Advocacy section and a volunteer lawyer with Access Pro-Bono’s Appellate Program.

Corporate and Shareholder Litigation

Our lawyers frequently represent companies, shareholders, directors and officers in all kinds of corporate disputes. We advise in oppression claims and derivative actions and also frequently assist in pre-litigation matters where business disputes arise relating to ownership, partnerships, shareholder meetings and challenges to company management.

Our focus is always to provide practical business-oriented advice and seek solutions wherever possible.

Commercial Lease Disputes

We act primarily for landlords in commercial lease disputes. The Commercial Tenancy Act and common law have strict requirements that must be understood and followed correctly, so it is important to seek legal advice at the earliest opportunity if a dispute is on the horizon. We have experience with the termination of commercial leases and the recovery of rent.

Contract and Business Disputes

A breach of contract claim would encompass almost any breach of an obligation in the business context – in the context of both written and oral contracts. The breach of contract might give rise to a claim in damages, injunctive or other relief including specific performance.

Bojm, Funt & Gibbons LLP handles litigation arising from all types of contractual breaches. We have experience litigating breach of contracts pertaining to commercial contracts, franchise agreements, commercial leases, employment contracts, contracts for the sale of land, breaches of verbal agreements and many others.

Breach of contract claims can be resolved in numerous ways outside of the courtroom, including through mediations and arbitrations, less formal settlement negotiations, and other dispute resolution processes. We are committed to resolving contractual disputes in the most efficient and effective way for our clients.

Construction Litigation

Our firm has specific expertise in construction litigation, and has represented general contractors, homeowners, subcontractors, and other parties involved in construction projects. The firm has acted for clients through the full course of litigation, from serving early notices pursuant to a construction contract when a dispute arises, through a builders lien process, and if early resolution is not possible, through court proceedings or arbitration

Defamation

Our firm has acted as counsel on numerous defamation claims, many of which settle prior to trial. Defamation is a particularly technical area of law which requires careful attention to detail and knowledge. Increasingly, businesses and individuals are being defamed online, which can be destructive both personally and to your business. We are knowledgeable about the steps that can be taken to have defamatory postings removed and to pursue individuals who are untruthfully posting defamatory content. Similarly, we are able to defend you if you have been improperly accused of defamation for publicizing your opinion or truthful content.

We recently acted as counsel on a leading appeal decision in which damages for defamation were successfully increased on appeal.

Environmental Litigation

Bojm, Funt & Gibbons LLP acts as counsel on a number of environmental cases under the Environmental Management Act. In particular, the firm recently acted as lead counsel on a lengthy contaminated sites trial in the British Columbia Supreme Court, Victory Motors (Abbotsford) Ltd. v. Actton Super Save Gas Stations Ltd. et al. The litigation spanned over 8 years, included over 25 expert reports, and included the live testimony of five expert witnesses at trial. The trial was the second longest contaminated sites trial in BC history under the Environmental Management Act and is expected to be the precedent case on a number of legal issues in this Province going forward.

In addition to litigation matters, Bojm, Funt & Gibbons LLP assists clients on the regulatory approval process relating to obtaining governmental instruments for the remediation of contaminated property.

In 2021, Eric Bojm served on a panel of judges for the Environmental Managers Association of British Columbia’s Annual Environmental Awards, reviewing submissions in the categories of Emissions/Discharge Control; Regulatory Challenges; and, Remediation and Restoration.
Malcolm Funt and Eric Bojm presented a seminar on “Acting as an Expert Witness in Contamination Sites Litigation” at the CSAP Society of Contaminated Sites Approved Professionals of British Columbia Annual General Meeting in June 2019.

Estate Litigation

We have experience in acting for people involved in estate related litigation.  With experience in dealing with the validity of wills, wills variation claim, disputes around personal representatives, and others, we are able to assist with any wills and estates related issues.

Franchise Disputes

Our firm works closely with Tony Wilson KC and Marta Davidson through our franchise practice group at Embarq Law. Mr. Wilson and Ms. Davidson are leaders in the field of franchise law, including on drafting franchise agreements and franchise disclosure documents and all other aspects of a franchise business, both for franchisors and franchisees.

Occasionally, disputes arise related to the operation of a franchise. We commonly assist both franchisors and franchisees in relation to breach of contract claims under Franchise Agreements, termination of Franchise Agreements, breaches of the Franchises Act. In addition, franchises inevitably come with other ancillary agreements, such as commercial leases, supply contracts and the like. We are able to assist you with all your contractual issues related to the franchise business.

Health and Education Law

The firm has acted for schools and hospitals in the defence of claims brought against those entities, primarily consisting of personal injury litigation. This includes the defence of teachers, nurses, and other institutional staff members who are named in civil proceedings through the course of their employment.

The firm has also acted for plaintiffs who have suffered serious injuries of any kind, apart from those caused in a motor vehicle accident. This has included claims of medical negligence – apart from those caused by acts or omissions of hospital personal – slips, falls, and other mechanisms of injury.

As part of its health law practice, the firm has acted for health practitioners governed by the Health Professions Act before their respective professional bodies, including nurses, doctors, dentists, and midwives.

Injunctions

Our firm has experience handling matters relating to injunctive relief, including seeking and obtaining mareva injunctions (asset freezing orders), defending injunction orders related to large forestry protests, and obtaining injunctions in relation to litigation proceedings related to land. Often this is done on an urgent basis and with meaningful results for our clients and the related litigation.

Judgment Enforcement

We regularly advise clients on how to enforce judgments. Collecting from someone who does not want to pay can be very difficult in British Columbia, so we are well versed in the various tools at a creditor’s disposal, including sale of real property under the Court Order Enforcement Act, seizure and sale of shares, garnishment of wages and other remedies.

In addition, if you are facing foreclosure proceedings and enforcement against you, please contact us and we can assist in finding practical solutions.

Pro Bono

We are committed to access to justice principles and providing excellent legal services to those with limited means, whether through summary legal advice programs or taking on clients on a pro bono basis.