Our Practise Areas
Our firm handles all types of commercial and civil litigation and arbitration. Our lawyers have had success negotiating settlement of disputes and in trial and appellate work at every level of court and involving regulatory tribunals, including securities commissions and stock exchanges. We are very experienced in handling large, difficult and complex cases, at trial-level courts, arbitration or other tribunals, and in appeals to the BC Court of Appeal, the Federal Court of Appeal and the Supreme Court of Canada.
Whether your contract is with another business, an investor, an employee or the government, we handle all types of breach of contract litigation. Examples of cases include:
- Fraser v. Houston et al, 2002 BCSC 1378, 2003 BCSC 853, 2005 BCSC 715, 2005 BCSC 1781, (2006) 51 BCLR (4th) 82 (C.A.), Leave to appeal denied.
- VSA Highway Maintenance Ltd. v. Her Majesty the Queen, (BCCA) 2007 BCCA 362 (CanLII); 32 B.L.R. (4th) 11; (BCSC) 2006 BCSC 607; 18 B.L.R. (4th) 146, Leave to appeal denied.
- Indotan Inc. v. Invincible Resources Corp., 2010 BCCA 318; 2009 BCSC 1482
- Canadian Helicopters Ltd. v. Interpac Forest Products Ltd. 1999 CanLII 990 (BC SC), 1999 BCCA 713
- Pacific Northwest Herb Corp. v. Thompson, 1999 CanLII 2038
- Northland Road Services Ltd. v. British Columbia (Minister of Transportation and Highways) 2004 BCSC 595
- O.K. Road Maintenance Inc. v. British Columbia, 1995 CanLII 1321
- Consolidated Gulfside Resources Ltd. v. Richman et al, 2000 BCSC 1186, 2000 BCCA 600
- Northland Properties Ltd. v. Equitable Trust Corp. et al (1992) 71 B.C.L.R. (2d) 124, 10 C.P.C. (3d) 245
- Rainbow Industrial Caterers Ltd. v. Canadian National Railway Company, (S.C.C.),  3 S.C.R.3, (1991), 59 B.C.L.R. (2d) 129, (B.C.C.A.) (1989) 43 B.C.L.R. (2d) 1(B.C.S.C.)
Corporate Control, Reorganization, Securities and Insolvency Disputes
Corporations, and their investors and creditors, often encounter problems over control, reorganization or insolvency issues. With private companies, disputes may arise because of family disputes or estate and succession transitions. With public companies, disputes may arise due to disagreements over business management and control.
We have dealt with many different kinds of disputes, sometime involving challenges that threaten the survival of a business, sometimes challenges that involve disputes over the division of profits or the exploitation of valuable opportunities.
Disputes often involve not just courts, but also regulatory agencies, like securities commissions, stock exchanges or other tribunals. We are well-positioned to represent clients in such matters and to provide practical and effective advice.
- Cox v. Crystal Graphite et al, 2006 BCSC 2059; 2007 BCSC 1429
- 360 Networks Inc. v. Impsat, 2001 BCCA 656
- Bartholomew Estate v. Electric Power Equipment Ltd., 68 BCLR (3d) 312
- In the Matter of RMS Medical Systems
- Sawridge Manor Ltd. v. Selkirk Springs International Corp.,  9 WWR 651, 8 BCLR (3d) 201
- Brio Industries Inc. v. Clearly Canadian Beverage Corp., 1995 CanLII 1514 (BC SC)
- Discovery Enterprises Inc. v. Hongkong Bank of Canada, 1993 CanLII 977 (BC SC)
- Vogel v. International Nesmont Industrial Corp., 1994 CanLII 1141 (BC SC)
- Bank of B.C. v. Tri-Holdings Ltd., 71 BCLR (2d) 58
- Chromex Nickel Mines Ltd. v. B.C. (Securities Commission) (1992) 70 B.C.L.R. 2d 186, 6 Admin. L.R. 2d 268
- Re Quintette Coal Ltd. (1991) 62 B.C.L.R. 2d 218; (1992) 68 B.C.L.R. 2d 219
- Bennett et al v. B.C. Securities Commission (1991) 82 D.L.R. 4th 129
- Trader Resource Corp. v. van Wollen et al
Professional Negligence/Breach of Fiduciary Duty/Directors and Officers Liability
Businesses and individuals engage professionals to advise, represent and act for them in many different areas. Lawyers, accountants, business and financial consultants, investment advisers, engineers, architects, medical doctors and others take on clients knowing that expert, professional skill is sought from them and a high degree of trust and reliance is reposed in them.
If you feel that malpractice or other kinds of breaches of that professional relationship may have occurred, we are well-placed to help. We also handle breach of fiduciary duty cases, including those arising in corporate, director, officer, partnership, joint venture and trustee roles.
Conflicts of interest, appropriation of corporate and business opportunities, disputes over the scope of consultant, agent or other services, and breaches of professional ethics and other standards, all potentially give rise to professional liability claims. We are experienced both in prosecuting and defending professional negligence, malpractice and breach of fiduciary duty cases. See, for example:
- York v. York and Stonehouse 2011 BCCA 316
- Perez v. Galambos, 2009 SCC 48,  3 S.C.R. 247, 2008 BCCA 91, 2006 BCSC 899
- 3464920 Canada Inc. v. Strother, 2007 SCC 24; 2010 BCCA 328; 320 D.L.R. (4th) 637; 2009 BCSC 1286
- Executive Director of the B.C. Securities Commission v. Kelly et al
- Mountain West Resources v. Fitzgerald, 2005 BCCA 48 (CanLII), 2004 BCSC 405 (CanLII)
- Malcolm v. Transtec Holdings Ltd., 12 BLR (3d) 66, 86 BCLR (3d) 344
- Newton v. Marzban, 2008 BCSC 328; 165 A.C.W.S. (3d) 934
- Van Duzen v. Lecovin, 2004 BCSC 1333
- International Nesmont Industrial Corp. v. Coopers & Lybrand, 1998 CanLII 3963 (BC SC), 1998 CanLII 3962 (BC SC)
- Northland Properties Ltd. v. C.M. Oliver Capital Corp. et al, 1998 CanLII 5972 (BC SC)
- Standard Bank Stockbrokers (Isle of Man ) Ltd. v. Share Foundation, 1996 CanLII 1462 (BC SC)
- Carlson v. Transpac Industries Corp. (B.C.C.A.) (1990), 2 B.L.R. (2d) 70, (B.C.S.C.) (1989) 43 B.L.R. 192.
In many situations, the fact that an insurer is involved in a case is not public – the insurance company provides defence counsel to defend a litigant or the insurance company advances a claim in the name of a litigant. We have acted in such cases both for and against insurance-represented parties.
In other situations, insurers are directly involved as parties. Cases which involve insurance policies and insurers can be complicated and difficult to pursue. We have acted both for and against insurers and bring a great deal of experience in these matters to your problem.
Fortunately, most cases settle before trial, but some do not — see, for example:
International Nesmont Industrial Corp. v. Continental Insurance Co. of Canada, (BCCA) 2002 BCCA 136; 99 B.C.L.R. (3d) 306; (BCSC) (2000)
Real Property Disputes, including Strata Property, Expropriation, Occupiers Liability, Commercial Tenancy, Construction and Development Disputes
Whether your property dispute is a modern variation on the old adage that “a man’s home is his castle”, or involves issues relating to overlapping ownership, use or development rights, our firm has the experience to help. We handle all kinds of disputes involving real property, including strata corporation disputes, expropriation, occupiers liability, trespass, nuisance, commercial tenancy, construction and development disputes. Our experience in this area includes:
- Hamilton et al v. Ball et al,  6 WWR 1, 52 BCLR (4th) 201
- Peh v Strata Plan LMS3837, 2008 BCSC 291; 54 C.P.C. (6th) 66; 81 B.C.L.R. (4th) 182
- Adroit Resources Inc. v. British Columbia, 2010 BCCA 334; 6 B.C.L.R. (5th) 244; 2009 BCSC 841; 96 B.C.L.R. (4th) 131
- Downey v. St. Paul’s Hospital, 2007 BCSC 478;  12 W.W.R. 135; 71 B.C.L.R. (4th) 213
- ICRV Holdings Ltd. v. Tri-Par Holdings Ltd. (1994), 2 BCLR (3d) 289 (BCCA), 1996 CanLII 8576 (BC SC)
- Telegraph Cove Venture Ltd. v. Telegraph Cove Holdings Ltd., 1996 CanLII 369 (BC SC)
- Privest Properties Ltd. v. The Foundation Co. of Canada (B.C.C.A.) (1997), 143 D.L.R. (4th) 635; 31 B.C.L.R. (3d) 114; (B.C.S.C.) 11 B.C.L.R. (3d) 1
- Pin’s Buildland Investment Ltd. v. Von Dehn (1991) 54 B.C.L.R. 2d 222, 16 R.P.R. 2d 59, 77 D.L.R. 4th 566
- Five Fifty Beatty Street Limited Partnership v. Markwood Construction Ltd. (B.C.C.A.), (1989) 33 C.L.R. 231, (B.C.S.C.) (1987) 17 B.C.L.R. (2d) 72, 26 C.L.R. 193.
Since most arbitrations are confidential, we are not able to list publicly all of the cases in which we have acted. However, in Clearly Canadian Beverage Corporation v. Brio, both companies were publicly traded and disclosed their arbitration dispute and its results. We acted for Brio in those arbitrations and successfully recovered more than $23 million for it in a dispute involving marketing and distribution rights.
Our firm was formed to focus upon providing practical and cost-effective advice and service to business people on matters requiring legal advice and representation. That includes business transactions of every nature and kind. Whether the concern is one of incorporating and structuring a company, forming a partnership or joint venture, negotiating and closing a business deal or obtaining approval from securities commission, stock exchange or other regulatory bodies, having an experienced legal professional at your side is essential. We have acted in many transactions, whether measured in the tens of millions of dollars or the hundreds of thousands.
Our clients include natural resource (including mining and oil & gas) companies, commercial/industrial enterprises, technology, service and investment enterprises in many different fields. Terry King has concentrated much of his practice on clients in the securities markets, whether publicly listed on a stock exchange or not. He is recognized as one of the leading securities lawyers in British Columbia. Services include: