Scott acts as litigation counsel for clients involved in corporate/commercial disputes. His practice involves prosecuting and defending claims for clients across a wide range of industries. He advises primarily on disputes arising from the sale of goods or services, real estate construction and development, the lending (and recovery) of money on a secured or unsecured basis, claims of professional negligence, and shareholder disputes.
Although his first objective is always to find practical and cost-effective solutions, Scott is also experienced in utilizing the available judicial tools to enforce his clients' rights. He has done so successfully before mediators, arbitrators and all levels of court in British Columbia, Alberta and the Federal Court.
Scott has particular expertise in commercial restructuring and insolvency, and routinely represents clients in CCAA, bankruptcy, receivership and foreclosure proceedings. In those proceedings, he has acted for all parties affected by the insolvency process, including debtors, directors of debtor companies, secured creditors, insolvency professionals (in their capacity as trustee, receiver, or monitor), and unsecured creditors.
As part of this practice focus, Scott has successfully prosecuted actions for fraud to locate, trace and recover misappropriated assets or their value.
In 2017, Scott achieved recognition in the inaugural Acritas Stars database, which is based on Acritas’ global Sharplegal survey of more than 4,000 general counsel (rather than peers). Lawyers were identified as “stars” as a result of their expertise, commercial mindedness, response times and dedication to client service.
- Canadian Bar Association, Civil Litigation Subsection
- Canadian Bar Association, Insolvency Subsection, Co-Chair
- Law Society of British Columbia
- Turnaround Management Association
Recognitions & Rankings
Recognitions & Rankings
- Acritas Stars 2017
Scott's Experience Includes:
- Counsel to the claimant in a commercial arbitration in which he successfully challenged the manufacturer’s purported termination of the client’s evergreen and exclusive distribution rights upon which the client’s business depended. An interim injunction enabled the client’s business to continue without interruption during the proceedings.
- Trial counsel to DTZ Barnicke Limited in a commercial lease dispute involving allegations of professional negligence of the real estate brokers and of the tenant’s solicitor.
- Counsel to a plaintiff, who had been the victim of a multimillion fraud, in obtaining a Norwich Pharmacal order so that it could review the defendant’s bank records and documents (without the defendant’s knowledge) so that the stolen funds could be located and secured.
- Counsel to the plaintiff in a partnership dispute involving a $65 million development property located in Richmond, British Columbia.
- Trial counsel to the plaintiff in a professional negligence action against a solicitor regarding the advice and structure of a secured loan transaction, successful at trial overturned on appeal on causation: 2008 BCSC 9, reversed 2009 BCCA 483.
- Counsel to the plaintiff Superior Plus LP dba Allroc in proceedings to successfully recover $5 million owing for goods supplied, which amount was secured in full before judgment was obtained.
- Counsel to the plaintiff supplier GL&V Canada Inc. dba Ovivo Water in proceedings to successfully recover approximately $300,000 owing for goods supplied, which amount was secured in full before judgment was obtained.
- Counsel to the plaintiff partner in legal proceedings arising from the partner’s departure giving rise to termination pay and the applicability and enforceability of a non-compete clause.
- Counsel to a plaintiff trucking company in proceedings to recover $600,000 on a labour and material bond following the bankruptcy of the client’s customer which was successfully resolved by expanding the proceedings to include a claim of professional negligence against the client’s former solicitor.
- Counsel to the plaintiffs in regard to five real estate development projects on Vancouver Island, in which the plaintiffs had invested $12.5 million.
- Counsel to the plaintiff Bank of China in an action involving fraud and misappropriation of approximately USD $500 million.
Bankruptcy, Insolvency & Restructuring
- Counsel to PricewaterhouseCoopers Inc. the Trustee in Bankruptcy of two companies that were operating a “quasi bank” with capital of approximately $38 million raised from approximately 450 creditors from the community of Burns Lakes, British Columbia.
- Counsel to The Bowra Group Inc. the Trustee in Bankruptcy of Rock Petrick in obtaining several search and seizure warrants pursuant to the Bankruptcy and Insolvency Act to enable the Trustee to locate and recover the bankrupt’s assets. The bankrupt was found in contempt in regard to the statement of affairs sworn and for failing to deliver up assets as ordered and a custodial sentence was imposed: 2017 BCSC 1626 and 2017 BCSC 1780.
- Counsel to the petitioner Home Hardware Stores Limited in bankruptcy and foreclosure proceedings involving one of its dealers.
- Counsel to Comerica Bank in successfully defending the enforceability of a $21 million mortgage secured against a 142’ ship under construction, the enforceability of which had been challenged based upon a contractual interpretation issue: 2013 FC 1266 affirmed 2015 FCA 46.
- Counsel for the participating creditors in proceedings brought pursuant to section 38 of the Bankruptcy and Insolvency Act to successfully recover damages from the principals of the bankrupt company in regard to their purchase for less than fair market value of assets from the company in the weeks prior to the bankruptcy: 2016 BCSC 2110.
- Counsel to John Beverley & Associates, the Trustee in the Bankruptcy of Glenn Anderson in legal proceedings under the Bankruptcy and Insolvency Act to recover assets transferred to the bankrupt’s son for insufficient consideration: 2013 BCSC 317.
- Counsel to Boale Wood & Company Ltd., the Trustee in Bankruptcy of Douglas Montaldi.
- Counsel to Boale Wood & Company Ltd., the Receiver of Omineca Lama Ranch Inc., which company was operating an alpaca ranch having 200 head of alpaca from ranch located in a remote northern location.
- Counsel to a bottle manufacturer in proposal proceedings the company filed as debtor under the Bankruptcy and Insolvency Act.
- Counsel to a log hauling contractor in proposal proceedings the company filed as debtor under the Bankruptcy and Insolvency Act.
- Counsel to a full phase stump to dump logging contractor in proposal proceedings the company filed as debtor under the Bankruptcy and Insolvency Act.
- Counsel to a group of private lender petitioners in contentious foreclosure proceedings: 2013 BCSC 1339 affirmed on appeal. A credit-bid by the petitioners enabled them to purchase the lands be reduction of the judgment debt and still pursue the defendants for the balance owing.
- Counsel to Investit Financial Inc., a major affected secured creditor, in proceedings filed pursuant to the Companies Creditors Arrangements Act in respect of the Shire Group of companies.
- Counsel to the defendants in a fraudulent preference/conveyance action arising from a receivership sale to a related party.
- Counsel to the plaintiff in a shareholders dispute arising in a closely held company.
- Counsel to the petitioner Abitibi-Consolidated Company of Canada in proceedings to successfully petition one of its logging contractors into bankruptcy: 2007 BCSC 371.
- Sarah Byrne
- Legal Assistant
- T: 604.408.5306
- British Columbia (2005)
- University of Victoria, LLB, 2004
- University of British Columbia, B.Comm. (Finance, Hons.), 1999