Commercial Litigation
Business disputes can put owners, shareholders and operations at serious risk.
Our commercial litigation team understands your competitive environment and your goals. We’ll respect your need to negotiate an early agreement or go all the way to trial and beyond.
We represent clients in mediations, at arbitrations, in hearings and in court every day. We understand that litigation can be costly, and we respect the fact that some of our clients want to resolve matters quickly and privately.
Our lawyers offer sharp insight and extensive expertise to ensure that matters are resolved efficiently and effectively.
Our approach to dispute resolution begins with the premise that a matter will go to trial. The best litigation strategies anticipate every angle, twist and turn that may crop up if a dispute is argued before a judge and possibly a jury. Our lawyers strategize from the strongest possible position, regardless of whether the issues are resolved before or after court.
Client Needs
Our group has significant experience working with large corporations, medium-sized firms and owner-operated companies. Client needs served include:
- contractual disputes;
- shareholder disputes, including oppression remedies and derivative actions;
- directors and officers liability;
- securities litigation;
- real estate litigation;
- construction litigation, including builders’ liens actions;
- estate litigation;
- employment litigation;
- products liability litigation;
- enforcement of security, including foreclosures and debenture holders’ actions; and
- municipal disputes.
Services
- Representation in mediations and arbitrations.
- Representation in court hearings and in trials, including appellate work.
- Negotiating contract disputes including those involving leases, finance, employment and international issues.
- Work involving libel and slander, including protection from the risks associated with defamation.
- Negotiating with debtors, creditors and collecting debt on behalf of businesses. Includes Companies' Creditors Arrangement Act matters, and issues relating to insolvency and foreclosures.
- Representing clients accused of failing to comply with statutes or industry-specific obligations.
- Representing clients accused of failing to properly report or maintain records.
- Dealing with failure to comply with the Business Corporations Act, Income Tax Act, Excise Tax Act and other legislation, including unpaid GST, payroll deductions, claims under environmental legislation, CPP source remittances, failure to remit employment insurance and unpaid wages under the Employment Standards Act.
- Injunctions, which are sometimes necessary to prohibit proceedings such as purchase and sale of businesses.
- Representation in shareholder disputes, including oppression remedies, disputes over distributions and share structure, and family and inheritance issues.
- Representation for directors and officers of companies whose assets are at risk or who are held responsible for major loss.
- Obtaining civil search warrants on behalf of clients involved in litigation, including obtaining electronic evidence.
- Defending BC businesses against foreign judgments.
- Helping BC businesses find trusted lawyers in other jurisdictions worldwide through our membership in TAGLaw international.
Practice Group Partners
Owais Ahmed*
Partner
Richard E. Bereti*
Partner
Salman Y. Bhura*
Partner
Cameron B. Elder*
Partner
Erin Hatch*
Partner
Michael Hewitt*
Partner
Rose Keith, KC*
Partner
Joel A. Morris*
Partner
Christopher Rusnak, KC*
Partner
John P. Sullivan*
Partner
Roselle P. Wu
Partner
Typical Situations
A business partnership dissolves after 20 years, and disputes arise over who gets which assets, including investments, trademark rights and client portfolios.
A local manufacturer purchases a unique component for a large piece of machinery from a supplier in Europe. The supplier, however, shuts down its business, leaving the manufacturer in jeopardy of losing the machinery orders he pre-sold.
A director of a private company, who also happens to be its CEO, deliberately misleads other directors regarding company finances. The story hits the media. Suppliers, employees and creditors demand an explanation.
A British Columbia mining company is accused of violating several statutes, including tax and tariff regulations, in another country. Expansion is inhibited and shares are devalued.
Litigation Support & E-Discovery Services
Because of its intangible form, transience and volume, electronic information needs to be treated differently than its paper counterparts.
To make matters even more challenging, the data is saved in multiple forms and in multiple places — from traditional file storage to email servers, the Web, smartphones, and other locations. When litigation arises, the task of preserving, collecting, processing, and reviewing this data can be daunting and expensive.
The Litigation Support & E-Discovery Services Department works in tandem with our lawyers in managing all electronically stored information data files and large-scale litigation. Our litigation support professionals manage the technical challenges of the e-discovery life cycle, which allows our lawyers to focus on reviewing and presenting the most relevant documents.
The investigative processes associated with e-discovery can be more complex and time-sensitive than in other legal matters. Using our proven and cutting-edge technologies, our litigation support professionals identify key documents and facts to assist our lawyers in developing the strongest possible case In addition, our Litigation Support & E-Discovery team advises on data management issues before litigation arises and provides efficient and economical solutions to control e-discovery costs after litigation develops.
Services
- Data management strategies
- Metadata discovery and analysis
- Data remediation
- Litigation support and dispute resolution
- Information organization
- Records & risk management
Commentaries
Select Cases
Directors and Officers Liability – Represented the defendants in the combined trial
Represented the defendants in the combined trial of corporate oppression and derivative actions in Discovery Enterprises v. Ebco Industries.
Directors and Officers Liability – Represented an employer before the Supreme Court of British Columbia
Represented an employer before the Supreme Court of British Columbia and the British Columbia Court of Appeal concerning vicarious liability for an independent contractor.
Directors and Officers Liability – Represented Kuehne & Nagel International at the Supreme Court of Canada
Represented Kuehne & Nagel International at the Supreme Court of Canada in a landmark decision that allows third parties to claim the benefit of an exclusion clause in a contract to which they were not a party. This case also explored the boundaries between contract and tort law, and is recognized as the seminal decision in the ongoing debate concerning vicarious liability.
Directors and Officers Liability – Represented the founder of a technology company
Represented the founder of a technology company in an oppression proceeding relating to the use of anti-dilution shares.
Directors and Officers Liability – Represented the plaintiff in an oppression trial
Represented the plaintiff in an oppression trial over shares in a company that owned a successful taxi business and significant hotel assets. This case also involved a large business valuation.
Creditor Issues – Represented defendants in litigation
Represented defendants in litigation following the collapse of two large financial institutions: Eron Mortgage Corporation and the Legion Credit Union.
Creditor Issues – Represented the liquidator of a charitable organization in ground breaking litigation
Represented the liquidator of a charitable organization in ground breaking litigation to sell properties to satisfy outstanding claims for sexual abuse perpetrated by individual Christian Brothers at the Mount Cashel orphanage in Newfoundland. The liquidator ultimately made a recovery of $19 million by way of settlement.
Contract Disputes – Represented a law firm in a Legal Profession Act hearing
Represented a law firm in a Legal Profession Act hearing over the enforcement of a significant contingency fee agreement. This case also involved the valuation of a large business.
Commercial Litigation – Acted on behalf of a large securities firm
Acted on behalf of a large securities firm in an Alberta-based dispute. Our client was granted the entire $500,000 debenture sought.
Commercial Litigation – Defended a Crown Corporation
Defended a Crown Corporation against allegations that it had caused a plaintiff’s initial public offering to fail – a case that involved an alleged $30 million in damages.
Commercial Litigation – Defended a BC business in a three-week trial
Defended a BC business in a three-week trial against allegations of breach of contract, unjust enrichment and misappropriation of funds.
Need a Lawyer?
Get in touch with our commercial litigation team.
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