Commercial Lease Dispute

• Represented commercial tenant at trial and appeal in novel case involving the corporate identification doctrine and interpretation of a commercial lease’s insurance covenant in the context of arson (Austeville Properties Ltd. v Josan, 2019 BCCA 416; Austeville Properties Ltd. v Josan, 2016 BCSC 1963)

Fiduciary Dispute

• Represented director and others at trial against claims for breach of fiduciary duty and fraud (Roussy v Savage, 2019 BCSC 1669)

Bankruptcy Proceedings

• Represented trustee in bankruptcy in recovery actions arising from the Rashida Samji Ponzi scheme

Public Company Transactions

• Represented target companies in both contested and unopposed plans of arrangement

Commercial Landlord-Tenant Dispute

• Represented commercial landlord at summary trial in recovery action against former tenant for rental arrears and special costs (Port Manor Apartments Inc. v Yang et al (15 June 2017), Vancouver S-166492 (BCSC) (unreported))

Commercial Lease Arbitration

• Represented anchor tenant in arbitration against landlord regarding fair market rent of leased premises

Court of Appeal Finds That “Direct Physical Loss of or Damage” to Insured Property Requires Actual Harm to Property; Physical Alteration Alone Does Not Suffice

In Prosperity Electric v. Aviva Insurance Company of Canada, 2021 BCCA 237, Prosperity Electric (“Prosperity”) appealed a trial decision where its indemnity claim against its ... Continued

Articles July 9, 2021

COVID-19 And Business Interruption: Is It Covered By Your Commercial Property Policy?

The COVID-19 global pandemic poses an unprecedented risk to public health and safety and has already had a tremendous impact on our economy, forcing businesses ... Continued

Articles March 26, 2020

Fiduciary Duties in Commercial Relationships and Conflicts of Interest: Roussy v. Savage, 2019 BCSC 1669

The British Columbia Supreme Court’s recent decision in Roussy v. Savage, 2019 BCSC 1669, addresses several interesting corporate law issues arising in the context of ... Continued

Articles November 29, 2019

Austeville Properties Ltd. v. Josan et al.: Exploding Taco Del Mar Decision – B.C. Court of Appeal Speaks on Corporate Attribution & Insurance Covenants in the Context of Arson

Many in Vancouver will remember when the Taco Del Mar restaurant on West Broadway (the “Premises”) exploded in the early morning hours of February 13, ... Continued

Articles November 27, 2019

Insurance Covenant in Construction Contract – Requirement to Obtain Insurance Acts as Voluntary Assumption of Risk

Jacobs v. Leboeuf Properties Inc., 2018 ONSC 4795 Covenants to insure are common in commercial leases and construction contracts. The insurance covenant is a contract ... Continued

Articles November 10, 2018

Timing of an occurrence matters

R.C. Heating & Gasfitting Ltd. v. The Sovereign General Insurance Company, 2017 BCSC 1916 Most liability policies may be classified as either occurrence or claims-made ... Continued

Articles December 20, 2017