Bryan G. Baynham, KC

Representing individuals and groups of purchasers disputing pre-sale contracts for the purchase of condominiums from real estate developers in British Columbia

Successfully negotiating the return of all or part of the pre-sale purchase deposits to buyers who wanted to exercise their rights of rescission

Representing a defendant in an 80-day securities/conspiracy trial commenced by a brokerage firm

Representing brokerage firms and private individuals in various actions for negligence, breach of fiduciary duty, and fraud with respect to both on and off market securities transactions

Advising publishers and media outlets concerning defamatory and potentially defamatory statements both before and after publication

Successfully defending a vice principal and a school board in a seven-day jury trial involving defamatory remarks made on school property

Representing an elite athlete in a defamation action involving remarks made about her in an email exchange

Obtaining court orders requiring internet service providers to disclose the identity of people who post anonymous comments that defame clients and breach their rights to privacy

Pursuing claims for breach of privacy and defamation against websites and individuals who post compromising photos and comments

Acting for cabinet ministers, members of parliament, MLAs, mayors and councillors in a variety of defamation actions

Representing the liquidator of the Christian Brothers of Ireland in Canada in ground breaking litigation to sell trust properties, including private schools, 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.

Representing Kuehne & Nagel International at the Supreme Court of Canada in a landmark decision which changed the law by allowing 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 the law of contract and the law of tort and is recognized as the seminal decision in the ongoing debate concerning vicarious liability.

Representing an employer in a trial and appeal concerning vicarious liability for an independent contractor

Representing sellers and buyers in residential real estate litigation resulting from the failure to complete the purchase of a property

Pursuing and defending actions over disputes over the entitlement to deposits

Disputes between real estate agents and their clients

Acting for sellers and buyers in negligence claims against professional advisors including notaries and lawyers

Advising generally about the enforceability of Contracts of Purchase and Sale

Acting on behalf of multiple clients seeking recovery from developers for misrepresentation, fraud, and failure to comply with the Real Estate Development Marketing Act