Photo of Wesley J. McMillan
Wesley J. McMillan
Associate

Wes joined Harper Grey LLP after practicing for two years at a leading construction and commercial litigation boutique firm. Wes practices commercial litigation with a focus on real property disputes (including construction, builders liens and purchase and sale disputes), employment and securities litigation. His writing has been featured in Electrical Line Magazine, The B.C. Mortgage Broker and numerous blogs.

Prior to obtaining his law degree from Dalhousie University, Wes obtained a B.Comm. (Honours) degree from the I.H. Asper School of Business. He also passed the Canadian Securities Course with Honours.

Wes is called the Bars of British Columbia and Manitoba and has appeared as counsel before all levels of court in both provinces. 

Representative Client Work

  • Successfully argued that developers cannot seek to retain pre-sale condominium purchasers’ deposits by way of petition. This ruling ensures that pre-sale purchasers have access to all of the procedural and pre-trial discovery rights afforded to parties in traditional lawsuits.
  • Successfully obtained the return of his client’s full pre-sale condominium deposit without having to commence a lawsuit, despite the client having previously received unfavourable opinions from other lawyers.
  • Successfully argued an application for security for costs in a hotly contested claim that his client had breached a restrictive covenant in an employment contract.
  • Successfully defended an application to have a worldwide Mareva injunction set aside.
  • Represented numerous pre-sale condominium purchasers in disputes with developers regarding completion of pre-sales contracts and compliance with the Real Estate Development Marketing Act.
  • Represented numerous contractors, sub-contractors and owners in construction and Builders Lien Act claims.
  • Represented numerous creditors in debt collection actions, including post-judgment collections.
  • Represents national lending institutions, including one of Canada’s largest banks, in debt collection matters.
  • Regularly advises senior counsel on construction, Builders Lien Act and real estate issues.

Speaking Engagements

  • Wes has presented to the Mortgage Brokers Association of British Columbia, the Society of Notaries Public of British Columbia and the Condominium Home Owners’ Association on real estate issues including legal issues arising in condominium pre-sales, the Real Estate Development Marketing Act, the impact of the HST, the impact of the changes to the mortgage qualification rules that took effect on April 19, 2010, and proposed changes to the Strata Property Act.
  • Wes has been a lecturer at the Architectural Institute of British Columbia and the British Columbia Institute of Technology Construction Management Program on legal issues arising in construction projects and the Builders Lien Act.

Professional & Civic Activities

  • Member, Canadian Bar Association, British Columbia Branch - Administrative Law, Civil Litigation, Construction Law, and Securities Law subsections
  • Member, Vancouver Bar Association
  • Member, Trial Lawyers Association of British Columbia
  • Mentor, Canadian Youth Business Foundation

Publications

Background

Wes was born and raised in Winnipeg, Manitoba, and longs for the return of the Jets. Until then, he is a Canucks fan and enjoys participating in golf, hockey and triathlons.

Recent News

Media Centre

Events

Bar & Court Admissions

  • Manitoba, 2006
  • British Columbia, 2006

Education

  • University of Manitoba, B.Comm.,2002
  • Dalhousie University, LL.B., 2005
  • Canadian Securities Course (Hons.), 2002

Practice Areas

Industry Areas

Law School

  • Dalhousie University
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