Thomas D. Boyd

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Tom is a commercial litigator, with experience in complex commercial disputes, environmental matters, and real estate and construction litigation.

Tom has appeared before all levels of court in British Columbia as lead counsel, and conducted numerous arbitrations and mediations. Tom has particular experience in the following areas:

all aspects of real estate litigation, including closing disputes, complex property transactions, challenges to certificates of pending litigation and landlord and tenant matters, including ARI-C application hearings and advice;
environmental matters, permitting and licensing challenges, and contaminated sites claims under the Environmental Management Act;
aboriginal title and project matters;
construction disputes, including resolving contested lien claims on an urgent basis;
corporate governance and shareholders disputes; and
complex contractual disputes.

Tom was recognized for Corporate and Commercial Litigation and Administrative and Public Law in Best Lawyers: Ones to Watch in Canada for 2024. Tom joined Lawson Lundell in 2015. Prior to coming to Canada, Tom practiced commercial litigation in London (UK) from 2011.

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Experience

Represented forestry company in Teal Jones CCAA proceedings aimed at preserving critical supply rights (ongoing).
Represented pipeline developer in opposing aboriginal consultation claim seeking a mid-stream stay of Environmental Assessment certification process (ongoing).
Skii Km Lax Ha v. Chief Executive Assessment Officer et al., 2024 BCSC 1687 – resisted application from first nation for judicial review of transfer of Environmental Certificate, on the basis of a breach of the duty to consult, on behalf of mining client.
Moore v. Cheung, 2024 BCSC 2312 - Successfully opposed judicial review proceedings on behalf of landlord seeking eviction of tenant (ongoing).
Represented fruit and vegetable producer in judicial review of commission and board decisions (ongoing).
Bridal Falls Development Corp. v Bridal Falls RV Park Inc., 2023 BCSC 1496 – obtained summary judgment for a specific performance claim and release of CPL security of $500,000 for developer client in the context of a collapsed sale of development lands.
Negotiated settlement of dispute over historical forestry rights agreement for forestry company, with an estimated value of $100 million.
Bang v Kim, 2022 BCSC 1893 – succeeded in twin applications staying defendants’ counterclaim in its entirety on jurisdictional grounds, and striking the majority of defendants’ response as failing to disclose claims at law. Unusually, on jurisdiction, the counterclaim was stayed on both territorial competence and forum non conveniens. Upheld by the Court of Appeal (2024 BCCA 88; 2024 BCCA 174), leave to appeal to Supreme Court of Canada denied.
0733603 B.C. Ltd. v. City of Vancouver, 2022 BCSC 1302 – brought a judicial review striking down a City of Vancouver bylaw as ultra vires. The bylaw at issue fixed rents for vacant units in designated buildings in perpetuity, and the court agreed with our client’s position, that the dominant purpose of the legislation was outside the scope of the Vancouver Charter. Upheld by the Court of Appeal (2024 BCCA 37), leave to appeal to Supreme Court of Canada denied.
Tai An Holding Company Ltd. v Boyal, 2022 BCSC 821 – succeeded at summary trial for construction costs from former owners in the context of the purchase of a large franchised hotel.
Bear Creek Contracting Ltd. v. Pretium Exploration Inc., 2020 BCSC 1523 – acted for mining company in $15m dispute over construction costs of Brucejack Mine in northern BC. Successfully defended application to add claims based on alleged breaches of holdback obligations, in context of multiple CCAA proceedings.
Shape Abbotsford West Limited Partnership v 577374 Ontario Ltd., 2020 BCSC 1153 – succeeded at summary trial for judgment and indemnification of unpaid commercial rent by parent company.
Jedd Ent. Ltd. and Hilltop Sales & Services Ltd. v Actton Petroleum Sales Ltd., 2020 BCSC 131 – resisted application to add client (historical gas company) as a defendant in an Environmental Management Act claim prior to trial.
Massie v Colliers Macaulay Nicolls Inc., 2019 BCSC 829 – won at trial, defending claim in contract and unjust enrichment for an alleged oral referral fee on sale of an organic farm. Claim dismissed in its entirety.
Netlink Computer Inc. (Re), 2019 BCSC 201 – successfully opposed appeal of order refusing leave to bring proceeding against receiver of bankrupt technology company. The underlying application involved the first attempt in Canada to bring class action proceedings against a court appointed receiver.
Briman Management Ltd. v Solehdin, 2019 BCSC 1971 – obtained dismissal of $5.3m claim for want of prosecution. The decision involved questions of whether parties could contract out of the courts’ supervisory power to dismiss claims.
Forjay Management Ltd. v 0981478 B.C. Ltd., 2018 BCSC 1023 – obtained order permitting access to unredacted receiver’s reports in context of claim from group of fifty purchasers of pre-sale development units which had been sold to multiple purchasers.