LITIGATION + DISPUTE RESOLUTION
Corporate + Commercial
Our Corporate and Commercial Litigation Team helps clients with complex contractual issues, shareholder and transactional disputes, product liability claims, corporate governance matters, and business torts, including civil conspiracy, breach of confidence, breach of fiduciary duty, and defamation.
Our litigators represent clients at all levels of court in BC; before the federal courts; in alternative dispute resolution processes, including mediation and arbitration; and before regulatory bodies including the BC Securities Commission and the Investment Industry Regulatory Organization of Canada.
Work Highlights
Shareholder Disputes
- Acted for the majority shareholders of a private company in the hospitality industry in defending a petition brought by minority shareholders seeking remedies under the oppression provisions and the just and equitable winding up provisions in the Business Corporations Act.
- Acted for a Canadian public company and its directors in defending a petition brought by a US financier alleging oppressive conduct by the company and its directors.
- Acted for minority shareholders and the two directors of a company in the fitness and recreation industry in a dispute with majority shareholders involving allegations of oppressive conduct and mismanagement of the company.
- Acted for the majority shareholder of a company in the construction industry in a dispute involving the mandatory buyout of a minority shareholder following the death of the shareholders' representative.
- Acted for the directors of a forestry company in multi-party litigation defending allegations of oppression and breach of contract.
Business Torts
- Acted for a private company in the automotive industry and its directors in defending a claim involving allegations of breach of fiduciary duties, oppression, and breach of contract.
- Acted for a forestry company and its director in multi-party litigation involving allegations of breach of fiduciary duty, civil conspiracy, fraudulent misrepresentation, shareholder oppression, and breach of contract. Also sought an emergency injunction to regain control of a business and prevent further damages.
- Acted for a financial restructuring firm and franchisor in multi-party litigation involving allegations of breach of confidence, civil conspiracy, breach of a franchise agreement, inducing breach of contract, and enforcement of contractual indemnity provisions.
- Acted for a software company in litigation against former employees and their competing business, involving allegations of breach of confidence, civil conspiracy, breach of contract, inducing breach of contract, and breach of fiduciary duties.
- Acted for an Indigenous-owned start-up railway company in multi-party litigation involving allegations of civil conspiracy, breach of confidence, breach of contract, inducing breach of contract, and unjust enrichment.
- Acted for a financial consulting firm in protracted, multi-party litigation against former directors, alleged co-conspirators, and competing companies, involving allegations of civil conspiracy, breach of confidence, unjust enrichment, trespass on business property, and breach of fiduciary duty. Sought interim and permanent injunctive relief restraining the dissemination of confidential information. Also acted as defence counsel against the same parties in related proceedings involving allegations of defamation and intentional interference with economic relations.
- Acted for a First Nation in multi-party litigation involving allegations of conspiracy, conversion, fraudulent misrepresentation, breach of contract, and inducing breach of contract, as well as in subsequent bankruptcy proceedings involving the defendants.
Transactional Disputes
- Acted for a pharmaceutical company in multiple proceedings relating to a dispute with the former owner over allegations of breach of contract and misrepresentations.
- Acted for the purchasers of a manufacturing company in a dispute over the valuation of the post-closing working capital adjustments in a share sale agreement.
- Acted for a First Nation in a dispute involving allegations of breach of contract relating to an options agreement to purchase an interest in a large energy project.
- Acted for the sellers of a company in the fishing industry in a dispute over the purchaser's allegations of damage to real property and the purchaser's right to deduct amounts from a holdback account.
Contract Disputes
- Acted for a private company in a claim against one of Canada's largest telecommunications companies involving allegations of breach of contract, repudiation, and breach of duty of good faith.
- Acted for an investment company in defending a claim brought by an individual alleging breach of contract arising from a large land transaction.
- Acted for a forestry company in a claim for breach of contract and breach of trust relating
to timber harvesting management services and defendants' failure to repay timber sale licence deposits. - Acted for a franchisor company in the restaurant industry against one of its franchisees for breach of a franchise agreement.
Arbitration
- Acted for a private forestry company in defending arbitration proceedings involving claims of breach of contract relating to alleged unpaid forestry royalties.
- Acted for a diverse Indonesian conglomerate in international arbitration proceedings involving allegations of fraudulent misrepresentation and recission of contract.
