Daniel Shouldice

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Daniel Shouldice maintains a diverse practice that encompasses a broad range of commercial and civil litigation matters. He has significant expertise in real estate and construction disputes, including builders’ lien and defect claims. Daniel also advises on matters relating to debt collection, creditors’ remedies, foreign judgment enforcement, Mareva injunctions and mortgage enforcement. In addition, he assists debtors, creditors, trustees and court-appointed monitors in insolvency proceedings.

An experienced litigation lawyer, Daniel has appeared at all levels of court in British Columbia, including as trial counsel in the Supreme Court and the provincial court. He appears regularly before the Supreme Court Chambers on contested and uncontested matters, including foreclosure hearings, summary trials and procedural matters relating to civil claims.

Daniel gives back to the community through his work with Access Pro Bono. He is a frequent contributor to publications on civil litigation and insolvency matters including the Collections chapter of the Annual Review of Law & Practice.

Expertise

Industries

Practices

Representative Matters

Acted on behalf of shareholder in oppression proceeding, including setting aside Mareva injunction (2019 BCSC 115).
Appeared on successful appeal to set aside $2 million garnishing order against client (2019 BCCA 303).
Represented creditors seeking to enforce foreign judgments, including obtaining recognition and enforcement in B.C. of $5 million Arizona judgment.
Represented debtors in foreign judgment enforcement proceedings, including appeal to set aside registration of Ontario judgment in B.C.
Represented debtors, creditors, trustees and court-appointed monitors in insolvency proceedings

News

Community Involvement

Access Pro Bono
Bankruptcy Clinic

Directorships & Affiliations

Canadian Bar Association
The Advocates’ Society
Vancouver Bar Association

Education & Admissions

2012

Called to the British Columbia bar

2011

LLBUniversity of Alberta

2007

BACarleton University

Insights (3 Posts)

Reverse Vesting Orders – When Is This “Extraordinary Measure” Appropriate?

A review of the recent Ontario Superior Court of Justice decision in Harte Gold Inc. (Re) and its effect on reverse vesting orders in insolvency proceedings.

Feb 16, 2022

Has COVID-19 Lit the Fuse on Insolvencies in the Canadian Cannabis Industry?

We look at the recent market analysis of the Canadian cannabis industry and challenges in cannabis restructuring.

Apr 9, 2020

No Strata Supermajority Needed to Hire Realtor, B.C. Supreme Court Confirms

The B.C. Supreme Court recently confirmed that a strata council only needs a simple majority of owners to authorize the council to hire a realtor to solicit.

Jun 11, 2018

Deals & Cases (2 Posts)

NOI Proceedings of Kamloops Dodge

McMillan acted as counsel to the senior secured lenders, The Bank of Nova Scotia and Roynat Inc., of Kamloops Chrysler Dodge Jeep Ram Ltd. in the company’s proceedings under the Bankruptcy and Insolvency Act and the subsequent appointment of a receiver of the company by the Lenders under section 243(1) of the BIA.

Aug 15, 2022

Companies’ Creditors Arrangement Act proceedings of Quest University Canada

McMillan acted as counsel to PricewaterhouseCoopers Inc. in its capacity as monitor in the Companies’ Creditors Arrangement Act proceedings of Quest University Canada and, subsequently, as trustee in the related bankruptcy proceedings of Quest Guardian Properties Ltd.

Aug 15, 2022