NOTEABLE COURT CASES

Class Actions

• Class counsel to the Representative Plaintiffs in N&C Transportation Ltd. et al v. Navistar International Corporation et al, 2021 BCSC 2046. The court considered the recent national class action amendments to the Class Proceeding Act and certified the action as a national class action involving defective heavy duty diesel trucks. Also counsel in 2022 BCCA 164, in which the court of appeal upheld the national certification.
• Class counsel to the Representative Plaintiffs in N&C Transportation Ltd. et al v. Navistar International Corporation et al 2016 BCSC 2129. The court certified the action as a class action involving defective heavy duty diesel trucks. Also counsel in Navistar Canada ULC (formerly Navistar International Corporation) et al v. N&C Transportation Ltd. et al, 2018 BCCA 312, leave to the SCC dismissed, in which the court of appeal upheld the certification.
• Class counsel to the Representative Plaintiffs in Cantlie et al v. Canadian Heating Products et al 2016 BCSC 694. The court certified the action as a class action involving defective gas fireplaces.
• Counsel to MacDonald Dettwiler and Associates Ltd. in Round v. MacDonald Dettwiler and Associates Ltd. 2011 BCSC 1416. The court refused leave to allow the plaintiff to file a class action under the Securities Act. Also, counsel in Round v. MacDonald Dettwiler and Associates 2012 BCCA 456. The court of appeal dismissed the appeal and upheld the trial judgment.
• Counsel to TELUS in Seidel v. TELUS Communications Inc., 2011 SCC 15.
• Counsel to TELUS in Maclean et al v. TELUS Communications Inc. 2004 BCCA 510. The court of appeal reversed the law in British Columbia that required defendants in a class action to file a statement of defence before certification.

Corporate, Commercial, Securities and Shareholders Litigation

• Counsel to the applicant in J&A Properties Ltd. v. De Angelis, 2020 BCSC 1254. The court ordered that a liquidator appointed because the Board of Directors was deadlocked..
• Counsel to TELUS in Re TELUS Corporation 2012 BCSC 1919 and Mason Capital LLC
  v. TELUS Corporation 2012 BCSC 1582. Successful in preventing hedge fund from stopping TELUS from changing its share structure.
• Co-counsel in successful application before the British Columbia Securities Commission to cease trade a Poison Pill – Icahn Partners LP et. al. and Lions Gate Entertainment Corp. 18, November, 2010.
• Co-counsel before the British Columbia Court of Appeal that dismissed the appeal from the decision of the British Columbia Securities Commission – Icahn Partners LP et. al. and Lions Gate Entertainment Corp. 7 May 2010.
• Co-counsel in successful application before the British Columbia Securities Commission to cease trade a Poison Pill – Icahn Partners LP et. al. and Lions Gate Entertainment Corp. 27, April, 2010.
• Counsel to TELUS in TELUS Communications Inc. v. Rogers Communications Inc, 2009 BCSC 1610. Court granted an injunction to TELUS restraining part of Rogers’ national advertising campaign). Also counsel in . TELUS in TELUS Communications Inc. v. Rogers Communications Inc, 2009 BCCA 581. The court of appeal upheld the injunction granted to TELUS restraining part of Rogers’ national advertising campaign.

Defamation, Media and Privacy Litigation

• Counsel to Canadian Media Lawyers Association as an intervener in Sherman Estate v. Donovan, 2021 SCC 25.
• Counsel to Postmedia in Postmedia Network Inc. v. HMTQ, 2019 BCSC 929 (re Douglas Quan). The court refused to imposed a publication ban
• Counsel to Cactus Club and its employees in Brissette v. Cactus Club Cabaret Ltd. et al 2016 BCSC 459. The court dismissed a defamation action against all defendants on a summary trial and in Brissette v. Cactus Club
• Cabaret Ltd. et al 2017 BCCA 200 in which the court of appeal upheld the trial judgment that dismissed a defamation action against all defendants on a summary trial.
• Counsel to Glacier in R v. Glacier Media Inc. et al, Prov Ct File No. 40650-1, Prince George Registry. The court dismiss a charge of breaching a publication ban on the ground that the information did not disclose an offence.
• Counsel for The Vancouver Sun in Lawson v. Baines et al 2011 BCSC 326 March 18, 2011.
• Counsel to a Media Coalition in their intervention in the Supreme Court of Canada in
• Crookes v. Newton 2011 SCC 47; [2011] 3 S.C.R. 269
• Counsel for members of the media in R. v. Sipes, 2011 BCSC 1329. The court developed the protocol for media access to exhibits during a criminal trial.
• Counsel to a large coalition of members of the media in obtaining access to the court file in R v. Pickton. Summer 2010.
• Counsel to Mr. Ziebarth in Leaman v. Ziebarth Supreme Court of British Columbia Penticton Registry No. 31791 July 12, 2010. The court dismissed a defamation action against against the defendant on a summary trial.
• Counsel to The Vancouver Sun in Re Application to Proceed in Camera, 2007 SCC 43 2007.
• Counsel to TELUS in Maclean et al v. TELUS Communications Inc. 2006 BCSC 766 Court dismissed the application to certify the action as a class action.
• Counsel to TELUS in MacLean v. Telus Corp. 2004 BCCA 510. The court of appeal reversed the law in British Columbia that required a defendant in a class action to file a defence gefore the certification hearing.
• Counsel to the Vancouver Sun in Re Vancouver Sun, [2004] 2 S.C.R. 332; 2004 SCC43. The court reversed a ruling on public access to investigative hearings under the Anti-terrorism Act.
• Acted on behalf of the Vancouver Sun in its intervention in Re Application Under Section 83.28 of the Criminal Code, [2004] 2 S.C.R. 248; 2004 SCC 42.
• Counsel to The Vancouver Sun in R. v. (O.N.E), [2001] 3 S.C.R. 478, 2001 SCC 77 the companion case to R. v. Mentuck, [2001] 3 S.C.R. 442, 2001 SCC 76.

Environmental, Administrative and Regulatory Law

• Counsel to the Petitioners in Shawnigan Residents Association v. Director of Environmental Management Act et al 2017 BCSC 107. The court quashed a decision of the Environmental Appeal Board holding that the permit holder had provided false and misleading evidence to the Director when the permit was issued, to the Environmental Appeal board when they upheld the permit and to the court on the judicial review petition; and holding that the board had breached the principles of natural justice in upholding the permit.
• Counsel to Copper Mountain in Enviro West Inc. v. Copper Mountain Mining Corporation, 2012 BCCA 23. The court of appeal reversed the finding of fact of the trial judge as to the percentage of liability of each of the parties.

Estate Litigation

• Counsel to Annie Siermy and her holding company in Barbara De Angelis v. Annie Siermy and J & A Properties Ltd., 2022 BCSC 31. In the action the plaintiff claimed that Mrs. Siermy, the plaintiff’s elderly aunt, had entered into an agreement that in return for providing various services without compensation Mrs. Siermy had agreed to leave the plaintiff her sizable estate on her death. The court found that the plaintiff had forged key documents and lied about the existence of the agreement and dismissed the action. The court also dismissed the plaintiff’s claim in unjust enrichment. Also counsel in 2022 BCCA 401, and leave to the SCC dismissed, July 27, 2023 No. 40594. The court of appeal upheld the decision of the trial judge.
• Counsel to Executor in Darabian v. Fry, 2016 BCSC 302. The court proved the will of the deceased in solemn form on a summary trial.

Insurance Litigation

• Counsel to Aon in Swiss Reinsurance Company v. Camarin Limited, 2015 BCCA 466. The court of appeal overturned the Trial Judgment that provided for a conditional award against Aon.

Professional Liability

• Counsel to the Lawyers Insurance Fund in Dhillon v. Jaffer, 2014 BCCA 215. Leave to SCC dismissed. The court addressed the nature of solicitor’s obligation to third party non-clients and the claim of mental distress against lawyers.
• Counsel to Mr. Smith in Gichuru v. Smith 2013 BCSC 895. The court dismissed a wrongful dismissal action by an articled student against his principal and his employer. Also counsel in Gichuru v. Smith 2013 BCCA 501. The court of appeal upheld the trial judgment that dismissed a wrongful dismissal action by an articled student against his principal and his employer.
• Counsel to the Trustee In Re Montalban 2013 BCSC 683. The court dismissed the application of the bankrupt to be discharged notwithstanding he had been in bankruptcy for 10 years.
• Counsel to GJB Enterprises Inc. in Donell v. GJB Enterprises Inc., 2012 BCCA 135.