Matthew G. Swanson

Matthew G. Swanson (Vancouver, British Columbia)

Matthew G. Swanson

Attorney in Vancouver, BC
Matthew Swanson is a commercial litigation partner in our Vancouver office. Matthew focuses his practice on commercial litigation, with an emphasis on real estate, construction and franchise litigation. He also practises in the areas of creditors' remedies and banking litigation.

Matthew has appeared as lead counsel in trials, summary trials, contested chambers applications and commercial arbitrations. In the area of real estate litigation, Matthew has assisted clients with collapsing or collapsed deals, the defence of Real Estate Development Marketing Act claims, vendor-purchaser litigation, title disputes, and partition and sale matters. He has also assisted clients with commercial leasing disputes, including rent arbitrations, evictions / lease terminations, and lease enforcement matters. In construction matters, Matthew regularly clears, defends and enforces claims of builders' liens, and he has also advanced and defended claims relating to deficiencies, delays, fundamental breach, and loss-of-profit claims. He has represented owner-developers, contractors and subtrades. In the area of franchise litigation, Matthew has assisted both franchisors and franchisees with the enforcement and termination of franchise agreements.

Matthew is a frequent author and speaker. He has published in the Journal of Commerce, On-Site: Canada's Construction Magazine, and The International Council of Shopping Centers' (ICSC) publications, and has also appeared as a guest lecturer at the University of British Columbia, Faculty of Law.

Publications & Presentations

General Commercial Litigation and Dispute Resolution Issues
•Speaker, Contract Clauses: They Don't Always Mean What You Think They Mean, BLG U, May 2014.
•Author, Discretionary Clauses: Unfettered Discretion, Reasonableness and Good Faith , On-Site Magazine, February 2014.
•Speaker, Boilerplate in Contracts, BLG U, April 2013.
•Author, Pick your Battles: Is ADR Right for You, On-Site Magazine, March 2013.
•Quoted in Time Limit Change to Civil Suits Adds Certainty for Industry, Journal of Commerce article by Peter Caulfield, November 2012.
•Author, A New Limitation Act for British Columbia, Journal of Commerce, August 2012.
•Author, Taking a Closer Look at Standard Form Contracts, Journal of Commerce, June 2012.

Real Estate Litigation
•Author, Know When To Hold 'Em, Know When To Fold 'Em: The Choice Between Alternative Remedies in a Collapsing Deal, Building.ca, March 2014.
•Author, A Deal's a Deal, Until it Collapses, BC Business, July 2013.
•Contributed to Real Estate Development Marketing, chapter, Real Estate Development Practice Manual, CLE BC, 2013.
•Speaker, Real Estate Development Marketing Act: Where Are We Now, BLG Real Estate Client Seminar, 2012.
•Speaker, The Collapsing Real Estate Deal, BLG Real Estate Seminar, 2011.
•Author, Enforceable or Unenforceable That is the Question: A Landlord's Right to Terminate After Receiving a Request to Assign, ICSC Shopping Center Legal Update, November 2010.
•Contributed to Renewal Clauses in Commercial Leases: No Formula for Renewal Rent, No Problem, ICSC Shopping Center Legal Update, 2009.
•Author, Development Projects in Tough Times - Pre-Sale Contracts, BLG Construction Seminar, 2009.
•Contributed to Are Continuous Operation Clauses in Leases Enforceable, ICSC Shopping Center Legal Update 2008.
•Contributed to Have Canadian Courts Adopted the Theory of Efficient Breach in the Context of Lease Law, ICSC Shopping Center Legal Update 2007.

Construction Litigation
•Author, Beware of What You Warrant , On-Site Magazine, April 2014.
•Quoted in New Design-Build Contracts Released, Journal of Commerce article by Jessica Krippendorf, December 2013.
•Author, To Terminate, or Not to TerminateOn-Site Magazine, December 2013.
•Author, The Difference Between Pay-When-Paid and Pay-If-Paid, Journal of Commerce, November 2013.
•Author, Change Order Matters, On-Site Magazine, October 2013.
•Author, Extensions of Time Matter: A Primer on Time Being at Large and Acceleration, On-Site Magazine, June 2013.
•Speaker, What You Need to Know About Claims of Builders' Lien, BLG Client Seminar, April 2013.
•Author, Tender with Care, On-Site Magazine, February 2013.
•Author, It's Worth Noticing Notice Provisions, Journal of Commerce, November 2012.
•Author, Preparing for Delays, On-Site Magazine, October 2012.
•Author, Builders' Lien Update: An Extraordinary Remedy Requires Expeditious Enforcement, VRCA Newsletter, June 2012.

Franchise Litigation
•Speaker, The Most Important Franchise Decisions in 2012/2013, BLG Client Seminar, May 2013.
•Speaker, An Introduction to the Competition Act for Franchisors, BLG Client Seminar, May 2013.
•Speaker, The Most Important Franchise Decisions in 2011/2012, BLG Client Seminar, May 2012.
•Speaker, The Duty of Good Faith and Fair Dealing, BLG Franchise Law Client Seminar, May 2011.

Creditors' Remedies
•Author, Getting Paid, On-Site Magazine, December 2012.
•Guest Lecturer, Creditors' Remedies, UBC Faculty of Law, 2011.

Publications
•Defended an application to add a real estate brokerage as a defendant to an ongoing partnership dispute relating to the purchase and sale of real estate, 2012.
•Advanced a claim on behalf of a surety company for breach of an indemnity agreement, obtaining full indemnity for the surety's losses, including legal costs, 2012.
•Defended a financial institution in a claim for breach of contract arising out of an order for conduct of sale in foreclosure proceedings, 2011.
•Obtained an interlocutory injunction on behalf of a commercial tenant restraining its landlord from breaching the lease, 2010.
•Defended a renewal rent arbitration for a landlord, which resulted in a substantial increase to the yearly rent, 2010.
•Defended a general contractor in a trial involving a claim for loss of profit arising from an alleged repudiation of a subcontract, 2010.
•Advanced a claim for damages in favour of a financial institution and defended allegations of negligence and breach of fiduciary duty, all in relation to the negotiation of a counterfeit cheque, 2010.
•Obtained an order allowing a pre-judgment garnishing order to be served ex juris, 2010.
•Advanced an application on behalf of a general contractor to dismiss a claim of builders' lien by a subcontractor for want of prosecution, 2009.

Publications & Presentations

General Commercial Litigation and Dispute Resolution Issues
•Speaker, Contract Clauses: They Don't Always Mean What You Think They Mean, BLG U, May 2014.
•Author, Discretionary Clauses: Unfettered Discretion, Reasonableness and Good Faith , On-Site Magazine, February 2014.
•Speaker, Boilerplate in Contracts, BLG U, April 2013.
•Author, Pick your Battles: Is ADR Right for You, On-Site Magazine, March 2013.
•Quoted in Time Limit Change to Civil Suits Adds Certainty for Industry, Journal of Commerce article by Peter Caulfield, November 2012.
•Author, A New Limitation Act for British Columbia, Journal of Commerce, August 2012.
•Author, Taking a Closer Look at Standard Form Contracts, Journal of Commerce, June 2012.

Real Estate Litigation
•Author, Know When To Hold 'Em, Know When To Fold 'Em: The Choice Between Alternative Remedies in a Collapsing Deal, Building.ca, March 2014.
•Author, A Deal's a Deal, Until it Collapses, BC Business, July 2013.
•Contributed to Real Estate Development Marketing, chapter, Real Estate Development Practice Manual, CLE BC, 2013.
•Speaker, Real Estate Development Marketing Act: Where Are We Now, BLG Real Estate Client Seminar, 2012.
•Speaker, The Collapsing Real Estate Deal, BLG Real Estate Seminar, 2011.
•Author, Enforceable or Unenforceable That is the Question: A Landlord's Right to Terminate After Receiving a Request to Assign, ICSC Shopping Center Legal Update, November 2010.
•Contributed to Renewal Clauses in Commercial Leases: No Formula for Renewal Rent, No Problem, ICSC Shopping Center Legal Update, 2009.
•Author, Development Projects in Tough Times - Pre-Sale Contracts, BLG Construction Seminar, 2009.
•Contributed to Are Continuous Operation Clauses in Leases Enforceable, ICSC Shopping Center Legal Update 2008.
•Contributed to Have Canadian Courts Adopted the Theory of Efficient Breach in the Context of Lease Law, ICSC Shopping Center Legal Update 2007.

Construction Litigation
•Author, Beware of What You Warrant , On-Site Magazine, April 2014.
•Quoted in New Design-Build Contracts Released, Journal of Commerce article by Jessica Krippendorf, December 2013.
•Author, To Terminate, or Not to TerminateOn-Site Magazine, December 2013.
•Author, The Difference Between Pay-When-Paid and Pay-If-Paid, Journal of Commerce, November 2013.
•Author, Change Order Matters, On-Site Magazine, October 2013.
•Author, Extensions of Time Matter: A Primer on Time Being at Large and Acceleration, On-Site Magazine, June 2013.
•Speaker, What You Need to Know About Claims of Builders' Lien, BLG Client Seminar, April 2013.
•Author, Tender with Care, On-Site Magazine, February 2013.
•Author, It's Worth Noticing Notice Provisions, Journal of Commerce, November 2012.
•Author, Preparing for Delays, On-Site Magazine, October 2012.
•Author, Builders' Lien Update: An Extraordinary Remedy Requires Expeditious Enforcement, VRCA Newsletter, June 2012.

Franchise Litigation
•Speaker, The Most Important Franchise Decisions in 2012/2013, BLG Client Seminar, May 2013.
•Speaker, An Introduction to the Competition Act for Franchisors, BLG Client Seminar, May 2013.
•Speaker, The Most Important Franchise Decisions in 2011/2012, BLG Client Seminar, May 2012.
•Speaker, The Duty of Good Faith and Fair Dealing, BLG Franchise Law Client Seminar, May 2011.

Creditors' Remedies
•Author, Getting Paid, On-Site Magazine, December 2012.
•Guest Lecturer, Creditors' Remedies, UBC Faculty of Law, 2011.

604.632.3474 604.632.3474
Client Rating N/A
Peer Rating N/A

Areas of Law

Areas of Law
  • Litigation and Arbitration
  • Corporate Commercial Litigation and Arbitration
  • Domestic Commercial Arbitration
  • Real Estate Litigation
  • Franchise Licensing and Distribution
  • Construction and Engineering
  • Construction and Engineering Dispute Resolution
  • Banking Litigation and Arbitration

Experience & Credentials

Firm Details
Position
Partner
Admission Details
Admitted in 2008, British Columbia
Law School Attended
University of British Columbia
Class of 2007
LL.B.
University Attended
University of Regina
Class of 2003
B.A.
Philosophy, with Distinction
Associations & Memberships

Professional Involvement
•Member, Law Society of British Columbia
•Member, Canadian Bar Association, Civil Litigation, Real Estate and Construction Sections

Community Involvement
•Mentor, Canadian Bar Association
•Member, Greater Vancouver Home Builders' Association
•Member, Vancouver Regional Construction Association, U40 Group
•Member, BLG's Young Professionals Committee
•(Past) Member, BLG's United Way Campaign

Representative Cases
Representative Work; Defended an application to add a real estate brokerage as a defendant to an ongoing partnership dispute relating to the purchase and sale of real estate, 2012. Advanced a claim on behalf of a surety company for breach of an indemnity agreement, obtaining full indemnity for the surety's losses, including legal costs, 2012. Defended a financial institution in a claim for breach of contract arising out of an order for conduct of sale in foreclosure proceedings, 2011. Obtained an interlocutory injunction on behalf of a commercial tenant restraining its landlord from breaching the lease, 2010. Defended a renewal rent arbitration for a landlord, which resulted in a substantial increase to the yearly rent, 2010. Defended a general contractor in a trial involving a claim for loss of profit arising from an alleged repudiation of a subcontract, 2010. Advanced a claim for damages in favour of a financial institution and defended allegations of negligence and breach of fiduciary duty, all in relation to the negotiation of a counterfeit cheque, 2010. Obtained an order allowing a pre-judgment garnishing order to be served ex juris, 2010. Advanced an application on behalf of a general contractor to dismiss a claim of builders' lien by a subcontractor for want of prosecution, 2009.

Community Contributions

Community Contributions
Articles Blogs Q&A

Contact Information

Contact Information
Firm Address
Borden Ladner Gervais LLP
1200 Waterfront Centre, 200 Burrard Street, P.O. Box 48600,
Vancouver, BC V7X 1T2
Canada
Phone
604.632.3474
Fax
604.622.5934
Office Information
Office Information
Matthew G. Swanson
Partner
Borden Ladner Gervais LLP
1200 Waterfront Centre, 200 Burrard Street, P.O. Box 48600,
Vancouver, BC V7X 1T2
Canada

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Borden Ladner Gervais LLP (Vancouver, British Columbia)