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Litigation & Dispute Resolution

Practices

Industries

Recognitions / Rankings

  • Best Lawyers in Canada 2016 recognizes our lawyers for Corporate and Commercial Litigation Law.
  • Benchmark Canada: The Guide to Canada’s Leading Litigation Firms and Attorneys 2015 recommends Lawson Lundell in British Columbia for Commercial Litigation.
  • Lexpert Directory 2015 recognizes Lawson Lundell as a leading firm in Litigation (Corporate Commercial) Law.

Related Information

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

Key Contacts

  • Successfully represented a real estate developer in an action brought pursuant to the Real Estate Development Marketing Act (British Columbia) asserting rescission of a pre-construction contract of purchase and sale of a residential condominium due to alleged  misrepresentations (Chaisson v. Avra Development Corp. 2014 BCSC  925)
  • Successfully represented a dissident shareholder group in having the results of the 2011 AGM of Mosquito Consolidated Gold Mines Limited, overturned based on improper voting. (International Energy and Mineral Resources (Hong Kong) Company Limited v. Mosquito Consolidated Gold Mines Limited, 2012 BCSC 1191)
  • Successfully defeated a products liability claim against an electrical manufacturer for the negligent design and manufacture of process logic controllers used in a municipal sanitary lift station: Great Canadian Casino v. Schneider Canada Inc., B.C.S.C. Vcr. Reg. Action No. S065158, Oral Reasons, November 25, 2011.
  • Successfully represented the defendant, Vascor, Ltd., a Kentucky-based company in a lengthy trial before the Supreme Court of British Columbia involving a claim in excess of $200 million based on allegations of unjust enrichment, conversion, quantum meruit and waiver of tort (Can-Auto Inspections Inc. v. Vascor, Ltd. 2011 BSCS 1644)
  • Successfully represented the defendant, Sleep Country Canada Inc., in a 42 day trial before the Supreme Court of British Columbia involving allegations of inducing breach of contract and business torts, including interference with economic relations (Canadian Bedding Company Ltd. v. Western Sleep Products Ltd., 2009 BCSC 1499)
  • 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.
  • 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