Tom is a commercial litigator, with particular experience in complex corporate disputes.
Tom has appeared before all levels of Court in British Columbia as lead and junior counsel. Tom has particular experience in the following areas:
- fraud and injunctions;
- shareholders’ remedies;
- contractual disputes;
- real estate litigation, including closing disputes, challenges to certificates of pending litigation, landlord and tenant matters, and judicial review of Residential Tenancy Branch decisions;
- contaminated sites claims;
- construction disputes, including builders liens;
- claims under the Expropriation Act; and
- bankruptcy and insolvency matters.
Tom joined Lawson Lundell in 2015. Prior to coming to Canada, Tom practiced commercial litigation in London (UK) from 2011.
- Canadian Bar Association, Member
- Law Society of British Columbia, Member
- Vancouver Bar Association, Member
Examples of Tom’s recent reported judgments include:
- Massie v Colliers Macaulay Nicolls Inc., 2019 BCSC 829 – successfully defended 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. 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. Decision involved question 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.
News & Publications
News & Publications
- Supreme Court of Canada Expands Scope of Constructive Taking Action, Real Estate Law Blog, December 2, 2022
- Polluter Pays (And Maybe Pays Your Lawyer): BC Court of Appeal Clarifies the Law on Recovery of Costs in Contaminated Sites Claims, Commercial Litigation and Dispute Resolution Blog, July 13, 2021
- To Stay, You Have to Pay: B.C. Supreme Court Again Rules in Favour of Landlords in Covid-19 Dispute, Commercial Litigation and Dispute Resolution Blog, June 22, 2021
- 公共卫生“胜过”商业损失——不列颠哥伦比亚省最高法院在一起与新冠病毒疫情有关的终止中作出有利于房东的裁决 , 新闻中心 , May 28, 2021
- Public Health ‘Trumps’ Commercial Losses – B.C. Supreme Court Rules in Favour of Landlords in a COVID-19 Related Termination, Real Estate Law Blog, May 28, 2021
- Injunctive Relief From Lease Termination In The COVID Pandemic? Only If You Pay Rent, Real Estate Law Blog, December 11, 2020
- Injunctive Relief From Lease Termination In The COVID Pandemic? Only If You Pay Rent., Commercial Litigation and Dispute Resolution Blog, December 11, 2020
- I Fought the Law and Everyone Lost: Rescinding Commercial Contracts for Illegality, Commercial Litigation and Dispute Resolution Blog, May 12, 2020
- The Most Important Statute in B.C. Right Now (That You’ve Never Heard of), Commercial Litigation and Dispute Resolution Blog, March 24, 2020
- The New British Columbia Societies Act, Business Law Blog, February 12, 2016
- 2019 Real Estate Breakfast Roundtable , Fairmont Hotel Vancouver, October 16, 2019, Presenter
- Pacific Business & Law Institute Contaminated Sites 2019 – Expert Evidence in Contaminated Sites, Vancouver, October 9, 2019, Co-Presenter
- Kerstina Kane
- Legal Assistant
- T: 604.408.5421
- Solicitor of the Senior Courts of England and Wales (2013) (non-practicing)
- British Columbia (2016)
University of Cambridge (M.A. (Cantab.), 2008)
University of Law, London (LL.B., 2011)