download icon down chevron

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.

Our lawyers offer sharp insight and extensive expertise to ensure that matters are resolved efficiently and effectively.

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 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.

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;
  • 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.
  • 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.

16 Harper Grey lawyers recognized for litigation expertise by Benchmark Canada®, 2017

Benchmark Canada®

Harper Grey receives highest firm ranking as a “Highly Recommended” local litigation law firm in British Columbia from Benchmark Canada® 2014, 2015, 2016, 2017

Benchmark Canada®

John Sullivan recognized as a "Leader in His Field" in the area of Dispute Resolution (British Columbia) by Chambers Canada®, 2016, 2017

Chambers Canada®

24 Harper Grey lawyers recognized across 15 specialty areas by Best Lawyers® in Canada, 2017

Best Lawyers® in Canada

18 Harper Grey lawyers recognized as "Leading Practitioners" by Canadian Legal Lexpert Directory®, 2017

Canadian Legal Lexpert Directory®

Harper Grey recognized as a "Leading Law Firm" regionally in the area of Dispute Resolution by Chambers Canada®, 2017

Chambers Canada®

Martindale Hubell® recognizes 13 Harper Grey lawyers across 27 practice areas

Martindale Hubell®

Harper Grey receives the TAGLaw Membership Award of Distinction acknowledging 15 years of outstanding service

May 11, 2017

Harper Grey recognized as a Top 10 Regional Firm in British Columbia, Alberta and the Territories by Canadian Lawyer Magazine, 2012 and 2014

Canadian Lawyer Magazine

“A Vancouver staple, Harper Grey is perhaps the most BC-centric of the “highly recommended” firms, owing largely to the firm’s bench strength in several key areas.”

Benchmark Canada® 2017

“There was insight and nuance in how John Sullivan handled the case. He did it masterfully.”

Chambers Canada® 2016

“Harper Grey is one of the best firms in Vancouver. They have excellent service, knowledge and their cost structure is excellent.”

Benchmark Canada® 2017

“Rod Anderson is lauded for his enthusiastic client following and his track record of success.”

Benchmark Canada® 2015

“Every day it seems like I am dealing with someone at Harper Grey, and I always find them professional, courteous and effective.”

Benchmark Canada® 2017

“Peers vouch for Bryan Baynham’s acumen, addressing him as “a worthy opponent, good on his feet, very skilled and seasoned.”

Benchmark Canada® 2012

“They exceeded all my expectations. I am very satisfied with their work and very happy to recommend them.”

Chambers Canada® 2017

“John Sullivan attracts praise from market commentators for his ‘diligent and knowledgeable’ approach to a wide range of commercial matters.”

Chambers Canada® 2017

“Harper Grey has niches, and in those niches they are the best of the best.”

Benchmark Canada® 2017

“One source enthused about John Sullivan ‘His service to the client was exceptional’.”

Chambers Canada® 2017

“A lawyer who refers work to Harper Grey wrote it has ‘great service, a breadth of practice and I have never received a negative comment from referrals to the firm’.”

2014 Canadian Lawyer Magazine Stronger than Ever - Top Western & Northern Firms, September 1, 2014

“Bryan Baynham has a strong presence and remains active and upbeat. I always seem to have something going with him, confirms one peer.”

Benchmark Canada® 2016

“Rod Anderson – he’s got a reputation for success, he’s got a client following, and he just wins.”

Benchmark Canada® 2013

“The firm has real quality people, and they’ve put three people on the bench there in six years.”

Benchmark Canada® 2015

“Recognition remains vibrant for firm figurehead Bryan Baynham, a veteran of commercial law as well as niche areas such as real estate, defamation, media and privacy.”

Benchmark Canada® 2017

“Harper Grey lawyers are ‘dedicated to their clients and focused on finding and implementing practical solutions for them. The lawyers are prompt, intelligent and insightful, and provide a high level of customer service’.”

2012 Canadian Lawyer Magazine Embracing Regionalism - Canadian Lawyer’s Top 10 firms from B.C., Alberta, and the Territories are in the Sweet Spot Right Now, October 1, 2012

“Bryan Baynham exemplifies the ways in which this firm has set itself apart. He attends to a variety of practice areas that he has really cornered a market on, like aviation and also defamation and media law.”

Benchmark Canada® 2016

“Harper Grey is a trial lawyer’s firm, and they’ve got a big deep bench of well-trained litigators.”

Benchmark Canada® 2017

“Harper Grey has a stellar pedigree as a litigation firm, and they’ve put a ton of people on the bench, observes one peer.”

Benchmark Canada® 2014

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 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.

Notable Cases

Commercial Litigation

  • Defended a BC business in a three-week trial against allegations of breach of contract, unjust enrichment and misappropriation of funds.
  • 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.
  • Acted on behalf of a large securities firm in an Alberta-based dispute. Our client was granted the entire $500,000 debenture sought.
  • Obtained an Anton Piller order (civil search warrant) and worldwide Mareva injunction in a contentious matrimonial dispute involving numerous foreign judgments and assets.

Contract Disputes

  • 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.

Creditor Issues

  • 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.
  • Represented defendants in litigation following the collapse of two large financial institutions: Eron Mortgage Corporation and the Legion Credit Union.

Directors and Officers Liability

  • 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.
  • Represented the founder of a technology company in an oppression proceeding relating to the use of anti-dilution shares.
  • 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.
  • Represented an employer before the Supreme Court of British Columbia and the British Columbia Court of Appeal concerning vicarious liability for an independent contractor.
  • Represented the defendants in the combined trial of corporate oppression and derivative actions in Discovery Enterprises v. Ebco Industries.

People

View More

How can we help?
Contact Commercial Litigation

Get in touch