Peter J. Roberts, KC,

Peter is noted for his experience litigating a broad variety of cases, including fraud claims, professional negligence, insurance defence and product liability. He regularly acts for clients from the natural resources and mining sectors.

- Chambers Canada, 2021 Guide

Peter is a litigator with a wide range of experience, practising for over 30 years in Vancouver. For a number of years he practised criminal law before resuming civil and commercial litigation, including claims involving allegations of fraud. He has appeared before all levels of court in British Columbia as well as other professional bodies. He is called to the bar in a number of jurisdictions in Canada. His experience includes products liability, property law disputes, professional negligence claims, insurance defense and coverage, defamation, commercial disputes, contracts, company law, banking and insolvency litigation and estate litigation and administration. He also has experience obtaining and defending various types of injunctions, including Mareva and Anton Piller injunctions. He is well versed in strata corporation windups having completed the first court approved windup in B.C.

Peter was the Head of the Litigation Group at Lawson Lundell from 2008-2010.

Peter is a regular contributor to Lawson Lundell’s Commercial Litigation and Dispute Resolution Blog, a resource that examines current trends and interesting issues emerging in the legal and business communities.

• Canadian Bar Association, Member
• Justice Education Society, Board Member and Vice President
• Vancouver Bar Association Executive Committee (2002)
• The Advocate, Editorial Board Member

• Lighthouse Park Preservation Society, Member
• Touchstone Theatre Company, Former Director
• Law Courts Inn, Past Director

• Chambers Canada: Litigation: General Commercial - British Columbia (Band 5), 2024-2025
• Best Lawyers in Canada: Alternative Dispute Resolution, Corporate and Commercial Litigation, Insolvency & Financial Restructuring, and Product Liability Law, 2015-2025
• Benchmark Canada: The Guide to Canada’s Leading Litigation Firms and Attorneys - Litigation Star, 2019-2024
• Canadian Legal Lexpert Directory: Litigation - Corporate Commercial (Leading Practitioner), 2024
• Best Lawyers in Canada: Product Liability Law (Lawyer of the Year), 2020
• Martindale-Hubbell International Law Directory: BV Peer Review rated

Peter's experience includes the following:

Commercial Litigation

• Castilloux v. Mitchell and others, 2024 BCSC 1985
  • Dismissal of a shareholder oppression claim in the context of related private corporations where the petitioner shareholder had been terminated from his employment for cause by the operating company. 
• Raiwal Holdings Ltd. v. Fraser Valley Packers Inc., 2024 BCCA 145
  • Successful defence of an appeal in a foreclosure proceeding arising from business loans ultimately secured by a mortgage. Debtor sought to argue a limitation defence based on different limitation periods applying to the debt and the mortgage security.
• Graham v. Hardy, 2023 BCSC 645 (varied on appeal)
  • Judgment in debt against personal and corporate defendants arising form short term loans arranged between parties by text message, including reducing interest rate charged to 60% in compliance with the provisions of the Criminal Code (s.347).
• Bremjit v. Sellathurai, 2022 BCSC 1542
  • Obtained a $1 million judgment against personal debtor for loans made in the context of various real estate projects. 
• Kaban Resources Inc. v Goldcorp Inc., 2020 BCSC 1307, affirmed on appeal 2021 BCCA 427
  • Obtained dismissal of claim for anticipatory repudiation of an agreement to sell a foreign gold mine.
• B2Gold v. Condor Resources PLC, 2015 BCSC 1548.
  • 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.
• Kennedy v. Coe, 2014 BCSC 120.
  • Successful defence of wrongful death claim brought by widow of heli-ski participant against the “ski buddy.”
• Wiebe v. Federal Pioneer Ltd. and others, B.C.S.C.
  • Vancouver SOO3235. 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.
• Great Canadian Casino v. Schneider Canada Inc., B.C.S.C. Vcr. Reg. Action No. S065158, Oral Reasons, November 25, 2011
  • 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.
• National Importers Ltd. v. Williams Foods, 2006 BCSC No. S042501.
  • Successful defence of a claim for damages in breach of a terminated distribution agreement.

Real Estate

• Mok v. The Owners, Strata Plan VR456 2023 BCCA 401
  • Acted for liquidator in successful wind-up confirmation hearing and appeal for the wind-up of the residential strata Spruce West.  The six unit strata was dysfunctional and faced large repair costs.
• The Owners, Strata Plan LMS3746 v Strathcona Denture Clinic Inc., 2022 BCSC 1961
  • Successful wind-up and sale of commercial strata for a developer who owned majority of strata units over opposition of minority of commercial owners.
• Thornton v The Owners, Strata Plan VIS7092, 2021 BCSC 2553
  • Obtained court orders under the Property Law Act providing for lawful access to a landlocked parcel of property.
• Sun v. Kang 2019 BCSC
  • Purchaser’s claim for breach of contract in a failed residential conveyance. Obtained award of $230,000, including consequential losses, for purchaser.
• The Owners, Strata Plan NWS837 (Re), (Ascott Wynde), 2018 BCSC 564. 
  • Successful application to wind-up a 102 unit, multi-building strata corporation in Richmond and approval of its sale to a developer over substantive opposition of a minority of strata lot owners.

• The Owners, Strata Plan VR2122 v. Wake, (The Hampstead), 2017 BCSC 2386. 
  • Successful application to wind-up a strata corporation and approval of a sale to a developer over the substantive opposition of a minority of strata owners. This is the first substantive decision in BC to address the application of the recent amendments to the Strata Property Act that provide for the wind-up of a strata corporation upon an 80% vote of the owners.

• In the Matter of the Application  for the Wind-Up of Strata Plan NW422 (Cottonwood), 2016 BCSC 285.
  • Successful application to wind-up a strata corporation for the purposes of sale to a developer over the opposition of a minority of strata owners.

• McRae v. Seymour Village Management Inc., 2014 BCSC 714.
  • Acting for 87 of 114 registered owners, obtained order for sale of 6.25 acre common law residential cooperative under the Partition of Property Act

• The Board of Education of School District No. 39 (Vancouver) et al., v. HMTQ et al., SCBC Vancouver Registry No. S-136131.
  • Successful application under Property Law Act to amend restrictive covenant registered on title to Andy Livingston Park in Vancouver for the purposes of allowing construction of a school in neighbouring airspace parcel.

• Canadian Petcetera Limited Partnership v. 2876 R Holdings, 2009 BCSC 1135); Upheld on appeal: 2010 BCCA 469.
  • Successfully challenged wrongful termination of lease by landlord.

Fraud Claims

• West Care Medical Ltd. v. Brown, 2009 BCSC No. S096285.
  • Obtained Mareva Injunction, document recovery orders and $1.4 million judgment on behalf of client following discovery of defalcation by former employee.

• Royal Vancouver Yacht Club v. Datsko, 2007 BCSC No.S076896.
  • Obtained judgment and recovery on behalf of RVYC 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.

Defamation

• Lewis v. Abel and others, 2007 BCSC 604.
  • Successful defence of a defamation claim alleging malice against three medical professionals in the context of their work in a specialized hospital team.

• Schut v. Magee, 2003 BCCA 417.
  • A case involving a successful trial and appellate defence of a claim for defamation brought by one professional against others.

Banking & Finance

• Bankers Mortgage Corp. v. Plaza 500 Hotels Ltd., 2016 BCSC 722, Affirmed 2017 BCCA 66. 
  • Successful enforcement of a borrower's "exit fee" obligation payable to lender's mortgage broker where borrower raised defences of contraventions of Interest Act and common law penalty in an effort to avoid payment.

• Moffoot v. Royal Bank of Canada and others, 2014 BCSC 1387.
  • Obtained dismissal of complicated mortgage fraud claim against a financial institution in protracted multi-party litigation.

• Bank of Montreal v. Tolo-Pacific Consolidated Industries Corp., 2012 BCSC 1785.
  • Obtained judgment on personal guarantees for secured creditor and defeated protracted claim for improvident realization of debtor’s assets.

• HSBC Bank Canada v. Kupritz, 2011 BCSC 788.
  • Defeated allegations of improvident realization of corporate debtor's assets raised by personal guarantors against a secured creditor as a defence to liability under their guarantees. Obtained judgment against personal guarantors.

Bankruptcy & Insolvency

• Fisgard v. Bond Street, 2012 NWTSC 11.
  • Acted for lien holder in priority dispute with mortgagee over proceeds of sale of a failed real estate development.

• Brebber v. Dodd, 2011 BCSC 200; Receivership of Pope & Talbot Ltd., 2009 BCSC 1738, 2011 BCSC 789; Pope & Talbot Ltd. (Re), 2011 BCCA 326; Pope & Talbot Ltd. (Re), 2009 BCSC 1823, 2010 BCSC 757, 1885, 1889, 1902, 2011 BCSC 139.
  • Acted for former employees of a bankrupt pulp mill in unpaid wage claim against former directors in the context of a cross-border CCAA proceeding. Claims involved complicated insolvency, priority, insurance coverage and director’s liability issues.
• Forsyth (Re), 2010 BCSC 1720.
  • Successfully set aside a Declaration of Trust as a "sham". The trust purported to make the registered owner of land simply a "bare trustee" for an insolvent company and defeat numerous creditors.  

Estate Litigation

• Narsaiya Estate (Re) 2023 BCSC 1350
  • Acted for executor of final will in obtaining the cancellation of a prior grant of probate based an earlier will and the removal of those executors. 
• Grossmann Estate, 2022 BCSC 97
  • Successful application on behalf of an executor to remove two Notices of Dispute and obtain a Form P18 Authorization to Obtain Estate Information in a contested estate.
• J.R. v. J.D.M., 2016 BCSC 2265.
  • Successful claim to vary a will in circumstances where the plaintiff was estranged from an abusive parent and had been disinherited as a consequence.  

• Brown v. Estate of Pearce, 2014 BCSC 1402.
  • Successful defence of wills variation claim brought by adult son seeking to vary his deceased mother’s will.