Commercial Litigation

Lawson Lundell’s commercial litigators have the skills to allow your business to succeed. We are creative in our approach to dispute resolution. We are skilled in the art of courtroom advocacy having represented our clients in all levels of courts in Canada. We possess the judgment to recommend alternative dispute resolution when it furthers our clients' goals. We regularly argue cases before administrative tribunals. We are well-equipped to guide our clients in all of their commercial disputes to achieve the most successful and cost-effective solutions.

Our commercial litigators are led by several senior members of the bar who are complemented by energetic younger lawyers working out of offices in Vancouver, Calgary and Yellowknife. As members of a leading business law firm, our litigators can readily access expertise in all commercial areas of the law including securities, mergers and acquisitions, corporate, tax and real estate. We offer the services of experienced paralegals and state of the art litigation technology.

We offer services in the following areas:

• Banking
• Class actions
• Commercial disputes
• Commercial insurance claims
• Competition and anti-trust issues
• Corporate securities and financing
• Directors, officers and fiduciary liability
• Disputes relating to corporate governance, and shareholder rights
• Forestry, mining, oil and gas and other natural resources issues
• Franchise and distributor disputes
• Intellectual property and high technology issues (including copyright, Trademark, patent and industrial design-related matters)
• Partnerships and joint ventures
• Pension and trust issues
• Products liability claims
• Professional liability
• Real property and land use disputes
• Securities litigation
• Transportation and shipping law

Experience

• Successfully represented as co-counsel the Government of Canada in major tobacco litigation, including a certified class action, and obtained orders striking the claim (British Columbia v. Imperial Tobacco 2008 BCSC 419)
• Canadian counsel in a “mega” bankruptcy proceeding in the United States with cross border implications, involving thousands of product liability claims
• Successfully defended a class action in which a multi-million dollar claim has been brought against a major utility involving allegations of overcharging on rates
• Successfully obtained pre-certification dismissal of a major class proceeding which sought remedies based on trust, competition law and statutory authorization law issues (The Consumers Association of Canada v. Coca Cola Bottling Company et al 2007 BCCA 356; 2006 BCSC 1233)
• Successfully defended a class action against the Province and a major crown corporation alleging breach of contract and various alleged duties concerning the ferries system in the interior of B.C.
• Representing a major Canadian retailer with respect to claims of civil conspiracy and breach of the Competition Act
• Representing one of Canada’s largest mining companies in litigation involving historical insurance claims. A preliminary issue with respect to the appropriate jurisdiction to determine the proceeding is scheduled to be heard by the Supreme Court of Canada in the fall of 2008
• Representing one of British Columbia’s largest forest product companies with respect to a claim against a Brazilian shipping company in connection with complex contractual claims
• Successfully represented the plaintiff in a leading decision on the jurisdiction of the Supreme Court of British Columbia over foreign defendants (Xytus v. Century Mining Corporation, 2005 BCSC 741)
• Successfully represented a major forest product company in a private arbitration brought under the Timber Harvesting Contract and Subcontract Regulation (British Columbia)
• Successfully represented one of British Columbia’s largest forest product companies in a contractual claim related to the shipment and distribution of its products in Australia
• Successfully defended one of Canada’s largest banks in a claim alleging breach of fiduciary duty and breach of confidence (Saini Enterprises Ltd. v. Bank of Montreal, 2008 BCSC 627)
• Obtained judgment and recovery on behalf of our client following the discovery of the theft of a significant amount of money by a former employee. This case involved obtaining several Mareva injunctions to freeze and trace property (Royal Vancouver Yacht Club v. Datsko, 2007 BCSC No.S076896)
• Successfully defended a claim for damages in breach of a terminated distribution agreement (National Importers Ltd. v. Williams Foods 2006 BCSC No. S042501)
• Represented the Vendor of one of the world’s largest private luxury yachts in a claim with respect to construction deficiencies and the chartering of the vessel
• Representing a publicly listed French mining company in a private arbitration concerning the interpretation of a royalty payment formula relating to a operating mine located in Suriname

Team Members

Name	Office	Phone	Email
Bourchier, Kinji	Vancouver	604.631.9267	kbourchier@lawsonlundell.com
Cane, Heather	Vancouver	604.631.6794	hcane@lawsonlundell.com
Dafoe, Christopher	Vancouver	604.631.9193	cdafoe@lawsonlundell.com
Everett Q.C., William	Vancouver	604.631.9171	wmeverett@lawsonlundell.com
Ferris, Craig	Vancouver	604.631.9197	cferris@lawsonlundell.com
Gregory, Sara	Vancouver	604.631.6785	sgregory@lawsonlundell.com
Hayley, Rodney	Vancouver	604.631.9211	rhayley@lawsonlundell.com
Kay, Sarah	Yellowknife	867.669.5523	skay@lawsonlundell.com
Kemshaw, Amanda	Vancouver	604.631.9166	akemshaw@lawsonlundell.com
MacPherson, Sheila	Yellowknife	867.669.5522	smacpherson@lawsonlundell.com
Nathanson, Amy	Vancouver	604.631.9268	anathanson@lawsonlundell.com
Peters, Lisa	Vancouver	604.631.9207	lpeters@lawsonlundell.com
Roberts, Peter	Vancouver	604.631.9158	proberts@lawsonlundell.com
Shore, Jill	Vancouver	604.631.6789	jshore@lawsonlundell.com
Skolrood, Ron	Vancouver	604.631.9134	rskolrood@lawsonlundell.com
Vesely, Marko	Vancouver	604.631.9260	mvesely@lawsonlundell.com
Weatherill Q.C., Gordon	Vancouver	604.631.9192	gweatherill@lawsonlundell.com