Cases
Significant recent cases in which our lawyers have as acted as counsel:
British Columbia Court of Appeal
- British Columbia Court of Appeal
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).
- British Columbia Court of Appeal
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).
- British Columbia Court of Appeal
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).
- British Columbia Court of Appeal
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).
- 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. Leave to appeal to the Supreme Court of Canada denied.
View the judgement here (opens in a new tab).
- British Columbia Court of Appeal
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.
- British Columbia Court of Appeal
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.
View the judgement here (opens in a new tab).
- British Columbia Court of Appeal
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
View the judgement here (opens in a new tab).
- 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.
View the judgement here (opens in a new tab).
- British Columbia Court of Appeal
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.
View the judgement here (opens in a new tab).
- British Columbia Court of Appeal
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.
View the judgement here (opens in a new tab).
- British Columbia Court of Appeal
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.
View the BCCA 400 judgement here (opens in a new tab).
View the BCCA 402 judgement here (opens in a new tab).
- British Columbia Court of Appeal
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.
View the judgement here (opens in a new tab).
British Columbia Supreme Court
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
Zhang v. Zhang
2022 BCSC 1369, Successful application to compel production of a solicitor’s file.
View the judgement here (opens in a new tab).
- 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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
Sipos v Netlink Computer Inc.
2021 BCSC 183 – Court approved settlement of class proceeding.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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).
- British Columbia Supreme Court
Ralmax Properties Ltd. v. Pt. Ellice Properties Ltd.
2021 BCSC 2454 – Obtained an Order compelling the disclosure of documents over which privilege had been claimed – Application for Documents
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
Kinsol Timber Systems Ltd. v. Oliphant Properties Inc.
2021 BCSC 704 – Obtained an Order releasing $100,000 held in trust as security – Application
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
Jastram Properties Ltd. v Tan
2020 BCSC 1610 – Court approved settlement of class proceeding.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
Harun-ar-Rashid v. Royal Canadian Mounted Police (RCMP)
2019 ABQB 54 – defeated a claim against a school involving allegedly improper hiring practices – Application to Strike/Dismiss
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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.
View the judgement here (opens in a new tab).
- 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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
Font v. Segal
2018 BCSC 693 – Successful defense on behalf of the plaintiff of an application brought by a defendant for want of prosecution.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
Hickey v. The Roman Catholic Archdiocese of Vancouver
2017 BCSC 1176 – defeated a personal injury claim made against a church involving a trip and fall in a choir loft – Summary Trial application
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
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.
View the judgement here (opens in a new tab).
- British Columbia Supreme Court
Ashurwin Holdings Ltd. v. British Columbia
2012 BCSC 1408 – Successful representation of a tenant in a judicial review of a residential tenancy board decision.
View the judgement here (opens in a new tab).
British Columbia Securities Commission
- 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.
View the judgement here (opens in a new tab).
- British Columbia Securities Commission
Re Affinor Growers Inc.
2024 BCSECCOM 278 – Successful representation of an individual corporate officer investigated by the BC Securities Commission for alleged breaches of the Securities Act including allegations of misrepresentation in public disclosures. All allegations in the notice of hearing were dismissed.
View the judgement here (opens in a new tab).
Federal Court of Canada
- 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.
View the judgement here (opens in a new tab).