Cases
Representative Work: Litigation counsel
strategic advisor for many of Canada's banks
credit unions both at trial
appellate courts across Canada on national
provincial class action defence matters dealing with: investor claims arising from the collapse of some of Canada's most notorious Ponzi Schemes
claims that have sought to challenge the legal validity of fractional reserve banking,
diverse range of claims requiring extensive knowledge of the Bills of Exchange Act, Canadian Payments Association ACSS Clearing Rules, Bank Act, Credit Union Incorporation Act, Financial Institutions Act,
other legislation.
Litigation counsel
strategic advisor for numerous specialty insurers (fidelity, D & O, professional E & O) on a range of compliance obligations, policy design, coverage opinions, subrogated claims
defence matters.
Advisor to organizations on anti-corruption
bribery policies, also providing investigation support, incident response
litigation counsel to organizations
boards facing crisis situations.
Advised
drafted account-operating agreements
operation protocols for multi-provincial, national
international use by credit unions
banks for both retail consumer banking
business banking.
Provides internal training seminars to credit unions, banks
financial services industry groups on a wide array of risk management
regulatory compliance matters including privacy law, AML, payments systems, retail banking operations, compliance
risk management.
Jer v. Rashida Samji, Coast Capital Savings Credit Union, The Toronto-Dominion Bank, Royal Bank of Canada et. al., 2013 BCSC 1671, defence counsel for financial institution in response to certification hearing on complex multi-claim Ponzi Scheme litigation.
Atlantic Potash Corp. v. HSBC Bank Canada 2013 ONSC 5014, defended claim for repayment of funds on a $2 million lost draft, seeking repayment without indemnity or security.
Royal Bank of Canada v. B.M.P. Global Distribution Inc., 2007 BCSC 1438
2011 BCSC 458
2011 BCSC 1650
counsel for bank in relation to claims pertaining to restitution based on negotiation of counterfeit cheque, the implication of inter-bank indemnities, without prejudice privilege, special costs awards
issue estoppel, (being the companion case to BMP Global v. Bank of Nova Scotia, 2009 SCC 15).
National Holdings Ltd. v. Canadian Imperial Bank of Commerce, John Kerasiotis
354401 B.C. Ltd., SCBC Vancouver Registry Action No. S034213, 2005 BCSC 1730
defended Bank on allegation of tortious conversion of counterfeit cheque via negotiation by innocent third party.
Dempsey et al. v. Envision Credit Union et al., SCBC New Westminster Registry Action No. S91786, Darmantchev et al v. MBNA Canada Bank et al, SCBC Vancouver Registry Action No. L050637, Gravlin et al v. Canadian Imperial Bank of Commerce et al, SCBC Vancouver Registry Action No. L050149, Citi Cards Canada Inc. v. Pedro Liong et al, SCBC New Westminster Registry Action No. S89429, Bank of Montreal v. Liong et al, SCBC Vancouver Registry Action No. S044649, MBNA Canada Bank v. Luinenburg, SCBC Vancouver Registry Action No. S045442, Canadian Imperial Bank of Commerce v. Luinenburg v. Kronis et al, SCBC New Westminster Registry Action No. S87315, brought under the Class Proceedings Act, R.S.B.C. 1996, c. 50, 2007 BCSC 1276
2006 BCSC 1324
2006 BCSC 750
2005 BCSC 1730 defended a group of banks
credit unions from putative class claims attacking validity of fractional reserve banking by a large group of debt protestors advancing the sovereign man or free man on the l
theory. Proceedings included recusal motions, striking pleadings,
ultimately an award of special costs in favour of the banks.
Giles v. Westminster Savings Credit Union et al, SCBC Vancouver Registry Action No. S004562, 2002 BCSC 1583
2007 BCCA 411
2007 BCSC 1438
2007 BCCA 411
2008 BCCA 62
2008 BCSC 1312
2009 BCSC 279 2009 BCSC 1357 2010 BCCA 282, defended account manager for Credit Union from mass tort claim involving approximately 500 investors in a failed investment program alleged to have been a Ponzi Scheme giving rise to a $36 million loss.
FWC Holdings Ltd.
Interpac Log & Lumber Ltd. v. Virtue Films Inc., 2009 BCSC 1563
defended claims asserting existence of 'delayed dem
' promissory notes outside of limitations period,
striking down notes as void for uncertainty.
Shiokawa v. Pacific Coast Savings Credit Union
Woods Adair, 2005 BCCA 95, pursued appeal on behalf of Credit Union for recovery of losses arising from mortgage fraud.
United Savings Credit Union v. 631252 B.C. Ltd. et al. 2002 BCSC 1681
In the Matter of the Legal Profession Act
Wirick 2002 BCSC 1355
counsel to bank in relation to the Wirick Mortgage Fraud , a multi-million dollar multi-property mortgage fraud arising from breaches of undertaking by a lawyer. As counsel, represented the bank on resolution of inter-related claims touching more than 75 properties on B.C.'s largest most complex mortgage fraud.
Glenys Mino v. Pacific Coast Credit Union d.b.a. Coast Capital Savings Credit Union, 2001 BCSC 1510
2002 BCSC 1334, 2002 BCCA 519, defended Credit Union in relation to allegations of failure to provide required life insurance on mortgage.
