Cases
Representative Work: Estates
Trusts: Provides strategic advice to banks, credit unions
other financial institutions about mental capacity
elder law issues, including the validity
scope of enduring powers of attorney, representation agreements,
committeeship orders.
Successfully represented a beneficiary in a claim relating to a joint tenancy over real property in Vancouver,
whether the joint tenancy had been severed: Zeligs Estate v. Janes, 2016 BCCA 280, aff'g 2015 BCSC 7, further reasons at 2015 BCSC 525
http://courts.gov.bc.ca/jdb-txt/ca/16/02/2016BCCA0280.htm
http://courts.gov.bc.ca/jdb-txt/SC/15/00/2015BCSC0007.htm
http://courts.gov.bc.ca/jdb-txt/SC/15/05/2015BCSC0525.htm
Successfully represented clients at trial as to whether real property passed to them by right of survivorship: Mac v. Mak, 2016 BCSC 1140, aff'd 2017 BCCA 115
http://courts.gov.bc.ca/jdb-txt/sc/16/11/2016BCSC1140.htm
https://www.courts.gov.bc.ca/jdb-txt/ca/17/01/2017BCCA0115.htm
Represented a major Canadian bank
trust company in a case involving whether funds in a Registered Disability Savings Plan could be seized by creditors or a trustee in bankruptcy: Re Alary, 2016 BCSC 2108
https://www.courts.gov.bc.ca/jdb-txt/sc/16/21/2016BCSC2108.htm
Represented a beneficiary in a dispute over whether a pour over clause in a will was valid: Quinn Estate, 2018 BCSC 365
https://www.courts.gov.bc.ca/jdb-txt/sc/18/03/2018BCSC0365.htm
Successfully defended a claim made against an estate by creditors of a beneficiary
former executor: Braich Estate, 2017 BCSC 1140
https://www.courts.gov.bc.ca/jdb-txt/sc/17/11/2017BCSC1140.htm
Represented the executors in a matter concerning whether a bequest of money in a will included approximately $15 million in corporate shares
interests: Re Thiemer Estate, 2012 BCSC 629
http://www.courts.gov.bc.ca/jdb-txt/SC/12/06/2012BCSC0629.htm
Represented the executor of a $10-million estate in a petition for the interpretation of a will with issues relating to misdescription of beneficiaries, whether certain language was precatory or binding in nature,
the application of the cy-pres doctrine for charitable gifts: Re Eberwein Estate, 2012 BCSC 250
http://www.courts.gov.bc.ca/jdb-txt/SC/12/02/2012BCSC0250.htm
Represented a trust beneficiary to obtain an order that Ontario, not British Columbia, was the proper jurisdiction to determine a dispute about a testamentary trust: Gordon Estate v. Venables, 2008 BCSC 501
http://www.courts.gov.bc.ca/Jdb-txt/SC/08/05/2008BCSC0501.htm
Represented an executor
beneficiary of an estate to recover trust property that had been mistakenly distributed to the wrong persons: Abram Estate v. Shankoff, 2007 BCSC 1368
http://www.courts.gov.bc.ca/jdb-txt/sc/07/13/2007bcsc1368.htm
Indigenous Litigation: Represents clients in disputes concerning Indigenous rights
title
the Crown's duty to consult Indigenous groups.
Co-counsel for British Columbia in a judicial review proceeding concerning the approval of a ski resort, with issues relating to the duty to consult Indigenous groups, the Honour of the Crown, sacred Indigenous sites,
freedom of religion under the Charter of Rights
Freedoms: Ktunaxa Nation v. British Columbia, 2015 BCCA 352, aff'g 2014 BCSC 568
http://courts.gov.bc.ca/jdb-txt/CA/15/03/2015BCCA0352.htm
http://www.courts.gov.bc.ca/jdb-txt/SC/14/05/2014BCSC0568.htm
Represented the City of Vancouver
the Vancouver Park Board in regards to an Aboriginal rights
title claim: Hwlitsum First Nation v. Canada (Attorney General), 2018 BCCA 276
https://www.courts.gov.bc.ca/jdb-txt/ca/18/02/2018BCCA0276cor1.htm
Co-counsel for CN Rail in an injunction application relating to the sale of railway corridor l
s to local communities for use as a recreational trail: Okanagan Indian B
v. Canadian National Railway Company, 2015 BCSC 1365
http://courts.gov.bc.ca/jdb-txt/SC/15/13/2015BCSC1365.htm
Co-counsel for a mining company in a judicial review proceeding concerning whether a First Nation had been adequately consulted in regards to a bulk sample permit: West Moberly First Nations v. British Columbia
CKD Mines, 2014 BCSC 924
http://www.courts.gov.bc.ca/jdb-txt/SC/14/09/2014BCSC0924.htm
Co-counsel for British Columbia in an action brought by three First Nations for possession of l
s near Chilliwack on the basis of Indigenous title or a pre-Confederation reserve: Chief Joe Hall v. Canada L
s Company Limited, 2014 BCSC 1704
http://courts.gov.bc.ca/jdb-txt/SC/14/23/2014BCSC2361.htm
Civil Litigation: Successfully represented Bauer Hockey Corp. in a three-month trial
at the B.C. Court of Appeal in a complex product liability claim concerning the design
manufacture of a hockey helmet: More v. Bauer Nike Hockey Inc., 2011 BCCA 419, aff'g 2010 BCSC 1395
http://www.courts.gov.bc.ca/jdb-txt/CA/11/04/2011BCCA0419.htm
http://www.courts.gov.bc.ca/jdb-txt/SC/10/13/2010BCSC1395.htm
Successfully represented a securities dealer at a summary trial to successfully strike out an enforcement proceeding brought by the BC Securities Commission: British Columbia Securities Commission v. Bapty (2006), 52 BCLR (4th) 372, 2006 BCSC 638
http://www.courts.gov.bc.ca/jdb-txt/sc/06/06/2006bcsc0638.htm
Successfully represented British Airways PLC in regards to claims by a travel agency made under the Competition Act: Cimaco International Sales Inc. v. British Airways PLC, 2005 BCSC 1338
http://www.courts.gov.bc.ca/jdb-txt/sc/05/13/2005bcsc1338.htm
Has resolved many claims at mediation
other forms of alternative dispute resolution.
