LITIGATION COUNSEL FOR INDIVIDUALS AND BUSINESSES

STRATEGIC ADVICE

You have short term and long term objectives for your business – and a budget!  With careful planning, and a clear implementation plan, many potential disputes can be avoided altogether.

I can help you understand your options at the beginning of a new commercial arrangement or contract, so that you can minimize the chances of a dispute occurring down the road.

COMMERCIAL LITIGATION

Commercial litigation is the core of my practice. I have significant experience and expertise in the following areas:

  • Commercial contract disputes.
  • Collection issues.
  • Shareholder and director disputes, including oppression remedy claims.
  • Complex financial claims including civil fraud claims.

REAL ESTATE LITIGATION

I have significant experience dealing with disputes about or involving land, including:

  • Development disputes.
  • Zoning issues and other municipal disputes.
  • Landlord and tenant issues, including rent reviews and lease arbitrations.
  • Valuation issues.
  • Environmental contamination claims.
  • Access issues including easement and right-of-way disputes.

EXPROPRIATION

I have acted for land owners dealing with expropriation proceedings, and I have also represented expropriating authorities engaged in public projects that require expropriation.  I have been involved in several complex expropriation cases, including a major land assembly project in the City of Windsor, and a complex dispute arising out of the construction of the Canada Line in Vancouver and Richmond.

My experience acting on “both sides of the fence” allows me to assist clients at every stage of the expropriation process, from initial negotiation to the conclusion of a trial.

CONSTRUCTION AND MINING

I have expertise in construction disputes and mining disputes, including:

  • Builders Liens.
  • Claims involving allegations of professional negligence against Engineers, building inspectors, and other construction professionals.
  • Claims involving construction defects.
  • Construction delay claims.
  • Claims involving access to private land for mining exploration purposes.
  • Surface rights disputes.
  • Commercial disputes involving mineral tenures, mining rights, and royalty payments.

SMALL CLAIMS COURT

In B.C., many disputes that involve amounts less than $25,000 will be dealt with in the Small Claims Court.  The Small Claims Court is designed to be user-friendly so that people can bring and defend claims without the assistance of a lawyer.  However, there may be times where the dispute is complex, even if the amount involved is less than $25,000.  In those situations, consulting with a lawyer may be useful, so that you have a plan for how to put your case together so that it has a greater chance of success.

As part of my focus on small and medium sized businesses, I will represent my clients in Small Claims Court in some situations.

ALTERNATIVE DISPUTE RESOLUTION

The solution to a dispute does not always involve going to court.  In fact, the vast majority of civil disputes are resolved through a negotiated settlement.

I can provide you with strategies for minimizing disputes, or settling disputes efficiently when they occur. Within the litigation process, there are often formal “alternative” dispute resolution procedures that can be used, such as mediation or private arbitration.

More generally, opportunities to negotiate a settlement can arise at any point during a dispute, and I can help you take advantage of those opportunities when they occur.