Litigation
- Confidential final offer arbitration under the Canada Transportation Act.
- Successfully settled disputed buy-out of minority shares in $30 million dispute.
- Successfully settled complex licensing dispute in the liquor sector.
- Successfully settled multi-million dollar share claw-back dispute for founders arising from a new tech IPO and subsequent acquisition.
- Successfully settled complex multi-jurisdiction commercial lease dispute in hospitality sector.
- Successfully obtained multi-million dollar injunction for alleged fraud on behalf of large corporate client.
- B.C. Container Trucking Commissioner and Canadian National Transportation Ltd., CTC Decision No. 02/2019: Successfully defended Canadian National Transportation Ltd. in a regulatory audit of its trucking operations by the B.C. Container Trucking Commissioner. Saved the client millions of dollars in potential payments and fines. Successfully defended the legitimacy of its collective agreement in the context of rate requirements under the provincial Container Trucking Act.
- R. v. Comeau, 2018 SCC 15: Advising as lead counsel for a group of British Columbia wineries at the Supreme Court of Canada in the landmark case determining for the first time in modern Canadian history the meaning of s. 121 of the Constitution Act, 1867 (Canada’s free-trade provision).
- Director of Employment Standards and Sun, Huigang, Besco International Investment Co Ltd., Wiston Building Materials Ltd., Viceroy Houses (2015) Ltd., et. al., ER #186- 601: Successfully defending a group of companies in an unusually complex employment standards matter arising from numerous complaints filed following an asset acquisition within a complex bankruptcy and insolvency proceeding.
- British Columbia (Director of Civil Forfeiture) v. Johnson, 2016 BCSC 1570: Advising the Director of Civil Forfeiture in an important case applying the Charter to civil forfeiture proceedings. Successful on all major Charter breach issues.
- Goodwin v. British Columbia (Superintendent of Motor Vehicles), 2015 SCC 46: Advising as lead counsel for the drivers arguing BC’s administrative roadside prohibition impaired driving law violated section 8 of the Charter.
- ATL Trucking LTD. et al v. Vancouver Fraser Port Authority, 2015 FC 520: Advising as co-counsel in a successful judicial review of decisions by Port Metro Vancouver to deny licenses to almost 30 companies representing hundreds of trucks for access to the Port to conduct local shipping and drayage.
- Provincial Court Judges’ Association v. British Columbia (Attorney General), 2015 BCCA 136: Advising as co-counsel for the government of British Columbia on an appeal of the constitutional petition by the Provincial Court Judges’ Association challenging the Province’s decision on Provincial Judges compensation.
- Provincial Court Judges’ Association of British Columbia v. Attorney General of British Columbia, 2014 BCSC 336: Advising as co-counsel for the government of British Columbia in the constitutional petition by the Provincial Court Judges’ Association challenging the Province’s decision on Provincial Judges compensation.
- 18320 Holdings Inc. v. Thibeau, 2014 BCCA 494: Advising as co-counsel on the leading case in British Columbia on tribunal standing to make submissions in judicial review and on costs awards against tribunals.
- Sivia, Goodwin et al. v. British Columbia (Superintendent of Motor Vehicles), 2014 BCCA 79: Advising as co-counsel on the constitutional challenge to British Columbia’s administrative impaired driving regime. This case was ultimately heard by the Supreme Court of Canada.
- 18320 Holdings Inc. v. Thibeau et al, 2013 BCSC 539 and 2013 BCSC 1677: Advising as co-counsel on a successful judicial review of Student Aid British Columbia’s decision to prohibit some private post-secondary institutions from enrolling students with government student loans.
- IAT Air Cargo Facilities Income Fund v. BMO Nesbitt Burns Inc., 2010 BCSC 1965 and 2011 BCCA 226: Advising as co-counsel in contract dispute involving unjust enrichment claim for improperly paid commission for financial services. Was successful at trial and upheld on appeal.
Cannabis and Liquor Regulatory
- Zenabis Global Inc.: Advised on a confidential transaction in the cannabis industry.
- Experion Biotechnologies Inc.: Advised on multiple confidential transactions in the cannabis industry.
- Truss Beverages: Regulatory and licensing advice.
- Fire & Flower Inc.: Regulatory advice on multiple retail transactions.
- Benchmark Botanics Inc.: Regulatory experience.
- Confidential client, federal licenced producer: Regulatory advice in relation to a Canadian-Australian transaction.
- Confidential client, federal licenced producer: Regulatory advice relating to cannabis promotion.
- Confidential First Nations client: Regulatory advice (provincial and federal) and ongoing corporate business advice in the cannabis sector.
- Burb Cannabis Corp.: Regulatory advice regarding cannabis retail.
- E. & J. Gallo Winery: Regulatory advice.
- Diageo Canada Inc.: Regulatory and commercial advice.
- Numerous British Columbia wineries: Regulatory enforcement, regulatory compliance and commercial litigation.
- Numerous British Columbia liquor importers and agents: Regulatory enforcement, regulatory compliance and commercial litigation.
- Numerous British Columbia liquor licensees: Liquor enforcement, judicial review and regulatory compliance.
- Alliance of beverage licensees of British Columbia: Ongoing regulatory advice.
- Large British Columbia restaurant chain: Regulatory compliance and enforcement.
- Large Alberta brewery: Regulatory and commercial advice.
- Private liquor retailers: Advising in a months-long policy review process with the City of Vancouver that resulted in the City Council voting to support a motion to allow grocery stores to open a “store within a store” but to prohibit “wine on grocery shelves”.
- Group of hospitality businesses: Advising in relation to British Columbia’s liquor policy review, including developing and drafting submission on regulatory reform.