Scott R. Andersen

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Scott is a commercial litigator with a broad practice representing clients in corporate and commercial disputes at all levels of court in British Columbia and Alberta. Scott is known for his practical, resolution-focused approach, while also advocating firmly and effectively when litigation is required to protect his clients’ interests.

A significant portion of Scott’s practice focuses on insolvency and restructuring matters. He has acted for creditors, debtors, and insolvency professionals in a wide range of engagements, and regularly advises on the use of court remedies to locate and recover misappropriated assets or to set aside improper transactions.

He works out of Lawson Lundell’s Vancouver and Kelowna offices and has been based in Kelowna since 2018, following 14 years of practice in downtown Vancouver.

When not at work, Scott spends his free time competing with, or at least trying to keep up with, his three boys on the basketball court, tennis court or golf course.

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Experience

Commercial Litigation

Counsel for the Receiver to successfully bring proceedings in regard to a corporate opportunity of the debtor company that was wrongfully taken by one of the debtor’s directors and shareholders: 2023 BCSC 1566 and 2024 BCSC 598.
Counsel to the claimant in a commercial arbitration in which he successfully challenged the manufacturer’s purported termination of the client’s evergreen and exclusive distribution rights upon which the client’s business depended. An interim injunction enabled the client’s business to continue without interruption during the proceedings.
Trial counsel to DTZ Barnicke Limited in a commercial lease dispute involving allegations of professional negligence of the real estate brokers and of the tenant’s solicitor.
Counsel to a plaintiff, who had been the victim of a multimillion fraud, in obtaining a Norwich Pharmacal order so that it could review the defendant’s bank records and documents (without the defendant’s knowledge) so that the stolen funds could be located and secured.
Counsel to the plaintiff in a partnership dispute involving a $65 million development property located in Richmond, British Columbia.
Trial counsel to the plaintiff in a professional negligence action against a solicitor regarding the advice and structure of a secured loan transaction, successful at trial overturned on appeal on causation: 2008 BCSC 9, reversed 2009 BCCA 483.
Counsel to the plaintiff Superior Plus LP dba Allroc in proceedings to successfully recover $5 million owing for goods supplied, which amount was secured in full before judgment was obtained.
Counsel to the plaintiff supplier GL&V Canada Inc. dba Ovivo Water in proceedings to successfully recover approximately $300,000 owing for goods supplied, which amount was secured in full before judgment was obtained.
Counsel to the plaintiff partner in legal proceedings arising from the partner’s departure giving rise to termination pay and the applicability and enforceability of a non-compete clause.
Counsel to a plaintiff trucking company in proceedings to recover $600,000 on a labour and material bond following the bankruptcy of the client’s customer which was successfully resolved by expanding the proceedings to include a claim of professional negligence against the client’s former solicitor.
Counsel to the plaintiffs in regard to five real estate development projects on Vancouver Island, in which the plaintiffs had invested $12.5 million.
Counsel to the plaintiff Bank of China in an action involving fraud and misappropriation of approximately USD $500 million.

Bankruptcy, Insolvency & Restructuring

Counsel for the licensed insolvency trustee to successful have $6.5 million of assets transferred from a husband to his wife pursuant to a separation agreement set aside as a transfer at undervalue pursuant to s. 96 of the Bankruptcy and Insolvency Act: 2024 BCSC 89.
Counsel for the petitioning creditor seeking a bankruptcy order. Although a bankruptcy order was not made, the application resulted in the applicant creditor’s claim becoming fully secured by a court ordered charge: 2023 BCSC 1238.
Counsel for C.E. Craig & Associate Ltd., the licensed insolvency trustee, to successfully apply to have a bankruptcy discharge annulled. The bankrupt spouses had failed to disclose their interest in a residential property in Victoria that they had caused to have registered in a family member’s name. The bankruptcy was annulled and the property vested in the estate, with the result that the creditors made a significantly higher recovery. 2022 BCSC 3566, aff’d 2022 BCCA 434.
Counsel to PricewaterhouseCoopers Inc. the Trustee in Bankruptcy of two companies that were operating a “quasi bank” with capital of approximately $38 million raised from approximately 450 creditors from the community of Burns Lakes, British Columbia.
Counsel to The Bowra Group Inc. the Trustee in Bankruptcy of Rock Petrick in obtaining several search and seizure warrants pursuant to the Bankruptcy and Insolvency Act to enable the Trustee to locate and recover the bankrupt’s assets. The bankrupt was found in contempt in regard to the statement of affairs sworn and for failing to deliver up assets as ordered and a custodial sentence was imposed: 2017 BCSC 1626 and 2017 BCSC 1780.
Counsel for the participating creditors in proceedings brought pursuant to section 38 of the Bankruptcy and Insolvency Act to successfully recover damages from the principals of the bankrupt company in regard to their purchase for less than fair market value of assets from the company in the weeks prior to the bankruptcy: 2016 BCSC 2110.
Counsel to Comerica Bank in successfully defending the enforceability of a $21 million mortgage secured against a 142’ ship under construction, the enforceability of which had been challenged based upon a contractual interpretation issue: 2013 FC 1266 affirmed 2015 FCA 46.
Counsel to John Beverley & Associates, the Trustee in the Bankruptcy of Glenn Anderson in legal proceedings under the Bankruptcy and Insolvency Act to recover assets transferred to the bankrupt’s son for insufficient consideration: 2013 BCSC 317.
Counsel to the petitioner Home Hardware Stores Limited in bankruptcy and foreclosure proceedings involving one of its dealers.
Counsel to Boale Wood & Company Ltd., the Receiver of Omineca Lama Ranch Inc., which company was operating an alpaca ranch having 200 head of alpaca from ranch located in a remote northern location.
Counsel to a group of private lender petitioners in contentious foreclosure proceedings: 2013 BCSC 1339 affirmed on appeal. A credit-bid by the petitioners enabled them to purchase the lands be reduction of the judgment debt and still pursue the defendants for the balance owing.
Counsel to the petitioner Abitibi-Consolidated Company of Canada in proceedings to successfully petition one of its logging contractors into bankruptcy: 2007 BCSC 371.
Counsel to Investit Financial Inc., a major affected secured creditor, in proceedings filed pursuant to the Companies Creditors Arrangements Act in respect of the Shire Group of companies.