Commercial Litigation

Experience

Examples of work done in commercial litigation include:

• Acted for a director and company with respect to claims by a disgruntled shareholder. (1043325 Ontario Ltd. v. CSA Building Sciences Western Ltd., 2016 BCCA 258)
• Successfully represented a real estate developer in an action brought pursuant to the Real Estate Development Marketing Act (British Columbia) asserting rescission of a pre-construction contract of purchase and sale of a residential condominium due to alleged misrepresentations. (Chaisson v. Avra Development Corp. 2014 BCSC  925)
• Successfully challenged and overturned the election of directors and the passing of all resolutions at an annual general meeting of a publicly traded company and obtained an order for a new meeting. In doing so, Craig had a proxy solicitation system provided by a major Canadian proxy solicitation service found to be oppressive to the company’s shareholders. (International Energy and Mineral Resources (Hong Kong) Company Limited v. Mosquito Consolidated Gold Mines Limited, 2012 BCSC 1191).
• Advised plaintiffs and defendants with respect to the attempted registration and enforcement, in BC and Yukon, of judgments and claims from Ontario, Quebec, and other foreign jurisdictions such as the (Netherlands and Russia: Environmental Packaging Technologies, Ltd. v. Rudjuk, 2012 BCCA 342)
• Successfully defeated a products liability claim against an electrical manufacturer for the negligent design and manufacture of process logic controllers used in a municipal sanitary lift station. (Great Canadian Casino v. Schneider Canada Inc., B.C.S.C. Vcr. Reg. Action No. S065158, Oral Reasons, November 25, 2011)
• Successfully represented the defendant, Vascor, Ltd., a Kentucky-based company in a lengthy trial before the Supreme Court of British Columbia involving a claim in excess of $200 million based on allegations of unjust enrichment, conversion, quantum merit and waiver of tort. (Can-Auto Inspections Inc. v. Vascor, Ltd. 2011 BSCS 1644)
• Successfully represented the defendant, Sleep Country Canada Inc., in a 42 day trial before the Supreme Court of British Columbia involving allegations of inducing breach of contract and business torts, including interference with economic relations. (Canadian Bedding Company Ltd. v. Western Sleep Products Ltd., 2009 BCSC 1499)
• Successfully defended one of Canada’s largest banks in a claim alleging breach of fiduciary duty and breach of confidence. (Saini Enterprises Ltd. v. Bank of Montreal, 2008 BCSC 627)
• Representing one of Canada’s largest mining companies in litigation involving historical insurance claims. A preliminary issue with respect to the appropriate jurisdiction to determine the proceeding was heard by the Supreme Court of Canada in the fall of 2008
• Represented a client in an action to enforce the terms of a contract for the sale of a luxury Obtained judgment for damages. (Halle v. Ritchie, 2008 BCSC, 1452)
• Successfully represented the petitioner in a property tax appeal to the British Columbia Supreme Court. (CPR v. Vancouver (City), 2007 BCSC 1774)
• Obtained judgment and recovery on behalf of our client following the discovery of the theft of a significant amount of money by a former employee. This case involved obtaining several Mareva injunctions to freeze and trace property. (Royal Vancouver Yacht Club v. Datsko, 2007 BCSC No.S076896)
• Successfully defended a petition challenging the approval of a second step business combination under OSC Policy 61-501 and alleging oppression. (Bingham v. Ashton Mining of Canada Inc., 2007 BCSC 281)
• Successfully obtained pre-certification dismissal of a major class proceeding which sought remedies based on trust, competition law and statutory authorization law issues. (The Consumers Association of Canada v. Coca Cola Bottling Company et al 2007 BCCA 356; 2006 BCSC 1233)
• Successful defence of a claim for damages in breach of a terminated distribution agreement. (National Importers Ltd. v. Williams Foods, 2006 BCSC No. S042501)
• Successfully represented the plaintiff in a leading decision on the jurisdiction of the Supreme Court of British Columbia over foreign defendants. (Xystus v. Century Mining Corporation, 2005 BCSC 741)
• Successfully represented one of British Columbia’s largest forest product companies in a contractual claim related to the shipment and distribution of its products in Australia
• Successfully represented the petitioner in a property tax appeal to the British Columbia Supreme Court. (CPR v. Vancouver (City), 2007 BCSC 1774)
• Represented the Vendor of one of the world’s largest private luxury yachts in a claim with respect to construction deficiencies and the chartering of the vessel
• Representing a major Canadian retailer with respect to claims of civil conspiracy and breach of the Competition Act
• Representing one of British Columbia’s largest forest product companies with respect to a claim against a Brazilian shipping company in connection with complex contractual claims
• Defending a civil claim brought by a BC investment trust and its principals against a UK-based technology company in respect of a significant payment made by the investment trust to a Dutch technology development firm
• Multiple engagements as counsel to energy and financial companies regarding a variety of commercial disputes in insolvency situations

Team