Litigation & Dispute Resolution

Disputes consume significant amounts of time and divert attention from day-to-day operations, business strategy and long-term goals. In a world of increasing complexity and cost-sensitivity, companies expect their advocates to develop creative solutions that allow business to continue as usual, as quickly as possible.

Lawson Lundell’s Litigation & Dispute Resolution Group consists of an energetic team of lawyers and paralegals working out of our offices in Vancouver, Calgary, Kelowna and Yellowknife. We are recognized as leaders in litigation and dispute resolution in western and northern Canada. Team members have acted in all levels of court in the region and the Supreme Court of Canada, as well as before a wide range of administrative panels and in national and international arbitrations.

Clients value our:

• Experience acting for a multitude of local, national and international businesses in a broad range of litigation disputes
• Skilled courtroom and appellate advocacy, and experience in alternative dispute resolution, such as mediation and private arbitration
• Commitment to match firm resources to client needs – whether that means a single lawyer for specific advice and representation, or a team of lawyers with technical support to handle larger matters involving multiple parties

Experience

Examples of work done in litigation include:

• Represented BC Hydro in successfully opposing an application for leave to appeal certain aspects of the BC Utilities Commission’s decision setting rates for the utility’s customers. (BCOAPO v. BC Utilities Commission, 2017 BCCA 400)
• Successfully defended the National Energy Board at the Alberta Court of Appeal in a case alleging the NEB's disclosure to the public of seismic data collected in Canada's north and offshore was a violation of the Copyright Act. The Court unanimously agreed with the NEB's position. (Geophysical Service Incorporated v EnCana Corporation, 2017 ABCA 125)
• Successfully represented a national newspaper in opposing a subpoena seeking to reveal information given to one of its reporters. (Pakenham v. Maley, 2016 BCSC 1744)
• Obtained judgment for the Trustees of an LTD Plan against a member who was required, but failed to repay a portion of the compensation he had received from the Plan after settling his MVA claim. On appeal, the Court of Appeal affirmed the Trustees’ right to reimbursement, but reduced the amount owing to the Trustees. (Brugger v. The Trustees of the IWA-Forest Industry Long Term Disability Plan, 2015 BCSC 2363; Brugger v. The Trustees of the IWA-Forest Industry Long Term Disability Plan 2016 BCCA 445)
• Successfully defended a visual effects studio and its principals against claims for breach of fiduciary duty, breach of the duty of fidelity, conspiracy, conversion, breach of confidence, and solicitation of employees, arising from the provision of visual effects for a network science fiction television show. (Zoic Studios BC Inc. v. Gannon, 2012 BCSC 1322; 2015 BCCA 1334)
• Successfully represented an equity lender in the enforcement of a complex multi-property, multi-borrower mortgage enforcement proceeding and defeated a related counterclaim. The action raised issues of unconscionability, fiduciary duty, abuse of a Power of Attorney and various statutory claims. (Canmerica Mortgage Corporation v. Yu, 2015 BCSC 773)
• Successfully represented BC Hydro in an appeal by Zellstoff Celgar LP from a decision of the BC Utilities Commission, in which the Commission affirmed its previous decision to approve BC Hydro’s Power Purchase Agreement with FortisBC. (Zellstoff Celgar Limited Partnership v. British Columbia Hydro and Power Authority, 2015 BCCA 497)
• Successfully represented the Canadian Bar Association as an intervener in the B.C. Court of Appeal and in the Supreme Court of Canada in a constitutional challenge to the application of money laundering laws to lawyers in Canada. The decision supported the protection of solicitor client privilege as a constitutional principle and established the lawyers' duty of commitment to his or her client as a principle of fundamental justice in Canada. (Canada(Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7)
• Successfully represented the British Columbia Investment Management Corporation, at both the trial and the appellate levels, in a jurisdictional challenge in relation to its claim for crown immunity from the application of the Excise Tax Act (Canada). (bcIMC v. Canada, 2014 BCSC 1296; bcIMC v. Canada, 2015 BCCA 373)
• Obtained declaration regarding enforceability and transfer of a historical Net Smelter Return Royalty Agreement in the context of a concession swap for Nicaraguan mining claims. (B2Gold v. Condor Resources PLC, 2015 BCSC 1548)
• Successfully defended against claims for breach of restrictive covenant, breach of easement, and trespass in renovation of residential property where plaintiffs sought mandatory injunctions to remove renovated portions of defendant's home in addition to damages. (Erschbamer v. Wallster, 2014 BCSC 2171)
• Successful defence of wrongful death claim brought by widow of heli-ski participant against the “ski buddy”. (Kennedy v. Coe, 2014 BCSC 120)
• Successfully reinstated portions of a Response to Civil Claim previously struck out, in appeal clarifying law of res judicata and issue estoppel. (Erschbamer v. Wallster, 2013 BCCA 76)
• Successfully represented an international mining client in a private arbitration concerning an option agreement related to an exploration property located in Africa, in 2013/2014
• Successfully represented a company in a claim against one of its partners for misappropriation of funds and obtained a judgment for Driving Daisies Deliveries Ltd. and Darin Comis v. George Grandy, 2013)
• Argued a leading decision on the question of the waiver of privilege over client communications in the context of a law firm’s defence of a claim by a non-client. (Voegtlin v. Paprotka, 2012 BCSC 728)
• British Columbia Court of Appeal substantially adopted our position with respect to the commencement of a limitation period in an intended class proceeding arising in the pension context. (Weldon v. Agrium Inc.,2012 BCCA 53)
• Successfully represented a bio-energy producer in a private arbitration and obtained an award relating to the value of bio-fuel from a specific supplier, in 2012
• Represented the BC Civil Liberties Assn. before the Supreme Court of Canada in opposing a publication ban over allegedly defamatory speech. (A.B. v. Bragg Communications Inc., 2012 SCC 46)
• Defended an online residential property search engine against claims for breach of contract and breach of copyright in a significant case on online contract formation. (Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196)
• Successfully represented a major audit software corporation in an arbitration against an ex-principal, enforcing a non-competition covenant and awarding damages for breach thereof in 2011
• Successfully obtained an order for special costs against the Defendant due to his conduct. Resolved the costs award for a 90% indemnity of the total actual legal fees incurred throughout the proceeding. (Hoffman v. Percheson, 2011 BCSC 1175)
• Successfully obtained a mutli-million dollar judgment in relation to a complex limited partnership/debt dispute on a summary trial application. (Tocchio v. Graoch Associated Limited Partnership (BCSC Action No. S110326), April 6, 2011)
• Obtained an order disqualifying counsel for the opposing party based on a conflict of interest. (Roeder v. Chamberlain and Davies & Company, 2010 BCSC 920)
• Successfully obtained a judgment ordering that two legal proceedings commenced in British Columbia against Alberta lawyers be transferred to the Alberta Court of Queen's Bench. (Broman v. Machida Mack Shewchuk Meagher LLP, 2010 BCSC 760)
• Successfully obtained summary dismissal of a claim of breach of duty and negligence against a Pension Administrator. (Estate of Martens v. Martens and BC Pension Corporation, 2009 BCSC 1477, 2010 BCCA 326)
• Successfully defeated an application to stay a British Columbia Supreme Court proceeding in favour of arbitration under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. (H & H Marine Engine Service Ltd. v. Volvo Penta of the Americas, Inc., 2009 BCSC 1389)
• Successfully defended an international publishing company and its author in a copyright infringement action. (Thumbnail Creative Group Inc. v. Blu Concept, 2009 BCSC 1833)
• Enforced letters of request from a foreign court to obtain evidence in BC. (Maverick LNG Holdings Ltd. v. Teekay Shipping (Canada) Ltd., 2009 BCSC 1538)
• Successfully prosecuted respondents for civil contempt in connection with a major infrastructure renewal project as well as obtaining injunctions and enforcement orders. (B.C. Transmission Corporation v. Lemoignan, 2008 BCSC 1221, 2008 BCSC 1045)
• Successfully represented the Canadian Transportation Accident Investigation and Safety Board in preserving confidentiality defeating a petition and corresponding appeal seeking publication of confidential data from a major marine accident investigation. (British Columbia Ferry Services Inc. v. Canadian Transportation Accident Investigation and Safety Board, 2007 BCSC 1434, 2008 BCCA 40)
• Successfully represented an international mining client in a private arbitration and obtained an award with respect to the proper interpretation of the contractual formula for the calculation of a royalty payment, in 2008
• Successfully represented a pro bono client in setting-aside a fraudulent mortgage transaction. (Murray v. Affordable Homes Inc., 2007 BCSC 1428)
• Successfully defended claims by a junior mining company against a major for breach of confidence in a case involving significant nickel deposits in the Cape Smith Belt, obtaining dismissal of all claims after summary trial. (Novawest Resources Inc. v. Anglo American Exploration (Canada) Ltd. et al., 2006 BCSC 769)
• A decision of the Court of Appeal regarding the production of documents in the possession of third parties. (Amos v. Virk, 2003 BCCA 449)
• Defended Federal Pioneer Ltd. and Schneider Canada Inc. in a products liability claim involving the design and manufacture of commercial electrical equipment. The claim involved an explosion and fire in a hotel and was dismissed. (Wiebe v. Federal Pioneer Ltd. and others, B.C.S.C. Vancouver SOO3235)
• A complex commercial dispute involving a successful determination of the terms of a commercial contract regarding the repair of a steam turbine (colloquially referred to as “The Battle of the Forms”). (Repap B.C. v. Electronic Technology Systems, Inc. and others, 2002 BCSC 539)
• Successfully quashed a multi-million dollar logging tax assessment and successfully defended the decision before the British Columbia Court of Appeal. (Slocan Forest Products Ltd. et al v. HMTQBC et al (1999) 99 DTC 5836; 2000 BCCA 520)
• Successfully represented defendant (Canadian Pacific Ltd.) in obtaining an order from the Workers’ Compensation Board of BC (Appeal Division) staying litigation in the BC Supreme Court. (Hickerson v. Canadian Pacific Ltd., WCB (Appeal Division) #99-0409; BCSC Vernon Registry No. 17972)
• Successfully represented defendant (Daewoo Heavy Industries America Corporation) in resisting attempt by the Plaintiff to vacate an order staying litigation in favour of a contractual provision requiring arbitration. (Trainer Bros. Equipment Services Ltd. v. Daewoo Heavy Industries America Corporation, unreported, BCSC, November 9, 1999)
• Successfully represented the purchaser of a private post-secondary school in a commercial arbitration to resolve disputes arising from the purchase
• Successfully defended a pension plan administrator in proceedings before the Canadian Human Rights Commission alleging discrimination in the administration of the plan
• Successfully obtained an injunction, an enforcement order, and sanctions for contempt of court in the context of a blockade of a refinery supplying fuel for YVR and local emergency services
• Successfully represented an electric utility in resisting a claim for additional compensation under a construction contract for approximately $60 million
• Representing a take-over bidder in oppression and dissent proceedings
• Representing numerous boards of trustees of public sector pension plans in class actions involving the distribution of surplus in ongoing pension plan
• Representing the operator of a landfill in a constitutional and administrative challenge of bylaws
• Representing a major oil sands company in litigation over the preparation of its new mine site
• Representing a major public utility in an application for a Certificate of Public Convenience and Necessity in respect of a controversial, gas-fired generation plant
• Representing several international mining companies in respect of claims against insurers for indemnity against historical environmental claims
• Representing a major international software developer in connection with alleged “pirating” and copyright infringement concerning software designed for industrial applications
• Representing an international publishing company and author in a copyright infringement action
• Representing an internationally recognised rock music star in relation to threats by a collaborator at an early stage of his career to advertise and profit from the unauthorised reproduction and sale of early performance tapes
• Representing a major industrial client in relation to a claim arising from the conversion of its pension plan from a defined benefit to a defined contribution plan
• Represented an industry organization in a proposed class proceeding arising from its involvement in a government sponsored management agreement of certain natural resources and the legality of fees charged under the management system
• Representing Campbell, Saunders Ltd., in its capacity as Trustee in Bankruptcy of the Estate of Ronald Stephen Barker, to trace and recover funds on behalf of defrauded investors
• Representing The British Columbia Securities Commission in relation to the bankruptcy of Ian Gregory Thow
• Representing the British Columbia Securities Commission in advancing claims against a $20 million fund held by a court-appointed Receiver
• Representing various lenders and receivers in relation to realization proceedings involving hotels in Victoria and Squamish, B.C.
• Representing The British Columbia Securities Commission in relation to the bankruptcy of Horizon FX Investments Limited Partnership
• Acting in a judicial review proceeding challenging a decision of the B.C. College of Physicians and Surgeons denying permission for a new prostate cancer treatment in B.C.
• Acting on behalf of the B.C. Civil Liberties Association in various constitutional law cases involving the rights of the homeless in Victoria, political advertising on transit buses and school board resolution prohibiting the use of books in schools depicting same sex families
• Acting as coverage counsel to an excess project professional liability insurer in relation to multiple claims totalling over $100 million in damages arising out of the design and construction of a gas pipeline from British Columbia to Illinois, and related processing facilities
• Acting for a prominent golf and country club in a complex arbitration of a renewal of its lease with a First Nations band
• Acting for Grant Thornton Limited, in its capacity as Monitor of Tagish Lake Gold Corp., in relation to proceedings under the Companies’ Creditors Arrangement Act
• Acting for Grant Thornton Limited, in its capacity as Monitor of Huldra Silver Inc., in relation to proceedings under the Companies’ Creditors Arrangement Act
• Acting for the Bank of Montreal in relation to proceedings under the Companies’ Creditors Arrangement Act commenced by the Johel Group of Companies
• Acting for the Bank of Montreal, HSBC Bank Canada, Vancity and Bancorp Financial Services Inc. in relation to various commercial work-outs and realization proceedings
• Acting for the Bank of Montreal and HSBC Bank Canada in a number of matters relating to cheque negotiation and clearing issues under the Bills of Exchange Act and Canadian Payment Association Rules, including matters relating to cheque-kiting and forged bank drafts
• Acting for the Bank of Montreal and HSBC Bank Canada in relation to various fraud claims
• Acting for the Bank of Montreal, HSBC Bank Canada and various Trustees in Bankruptcy in prosecuting claims under the Fraudulent Conveyance Act and Fraudulent Preference Act
• Defended the appeal from the dismissal of an intended class proceeding relating to allegations of charging improper fees, unauthorized use of funds and breach of The Trade Practices Act
• Defended a society against allegations of improper receipt and use of monies received
• Defended two national trust companies in a class proceeding relating to claims of breach of fiduciary duty
• Defended various financial services companies and their licensed financial advisors in civil actions and in prosecutions before the B.C. Securities Commission

Team