Thomas D. Boyd,

• Best Lawyers in Canada: 'Ones to Watch' - Administrative & Public Law, and Corporate & Commercial Litigation, 2024-2025

Examples of Tom’s recent work and reported decisions include:

• Skii Km Lax Ha v.  Chief Executive Assessment Officer et al., 2024 BCSC 1687 – resisted application from first nation for judicial review of transfer of Environmental Certificate, on the basis of a breach of the duty to consult, on behalf of mining client.
• Bridal Falls Development Corp. v Bridal Falls RV Park Inc., 2023 BCSC 1496 – obtained summary judgment for a specific performance claim and release of CPL security of $500,000 for developer client in the context of a collapsed sale of development lands.
• Negotiation of settlement of dispute over historical forestry rights agreement for forestry company, with an estimated value of $100 million.
• Bang v Kim, 2022 BCSC 1893 – succeeded in twin applications staying defendants’ counterclaim in its entirety on jurisdictional grounds, and striking the majority of defendants’ response as failing to disclose claims at law. Unusually, on jurisdiction, the counterclaim was stayed on both territorial competence and forum non conveniens
• 0733603 B.C. Ltd. v. City of Vancouver, 2022 BCSC 1302 – brought a judicial review striking down a City of Vancouver bylaw as ultra vires. The bylaw at issue fixed rents for vacant units in designated buildings in perpetuity, and the court agreed with our client’s position, that the dominant purpose of the legislation was outside the scope of the Vancouver Charter.
• Tai An Holding Company Ltd. v Boyal, 2022 BCSC 821 – succeeded at summary trial for construction costs from former owners in the context of the purchase of a large franchised hotel.
• Bear Creek Contracting Ltd. v. Pretium Exploration Inc., 2020 BCSC 1523 – acted for mining company in $15m dispute over construction costs of Brucejack Mine in northern BC. Successfully defended application to add claims based on alleged breaches of holdback obligations, in context of multiple CCAA proceedings.
• Shape Abbotsford West Limited Partnership v 577374 Ontario Ltd., 2020 BCSC 1153 – succeeded at summary trial for judgement and indemnification of unpaid commercial rent by parent company.
• Jedd Ent. Ltd. and Hilltop Sales & Services Ltd. v Actton Petroleum Sales Ltd., 2020 BCSC 131 – resisted application to add client (historical gas company) as a defendant in an Environmental Management Act claim prior to trial.
• Massie v Colliers Macaulay Nicolls Inc., 2019 BCSC 829 – won at trial, defending claim in contract and unjust enrichment for an alleged oral referral fee on sale of an organic farm.  Claim dismissed in its entirety.
• Netlink Computer Inc. (Re), 2019 BCSC 201 – successfully opposed appeal of order refusing leave to bring proceeding against receiver of bankrupt technology company. The underlying application involved the first attempt in Canada to bring class action proceedings against a court appointed receiver.
• Briman Management Ltd. v Solehdin, 2019 BCSC 1971 – obtained dismissal of $5.3m claim for want of prosecution.  The decision involved questions of whether parties could contract out of the courts’ supervisory power to dismiss claims.
• Forjay Management Ltd. v 0981478 B.C. Ltd., 2018 BCSC 1023 – obtained order permitting access to unredacted receiver’s reports in context of claim from group of fifty purchasers of pre-sale development units which had been sold to multiple purchasers.