Counsel for the court appointed Receiver-Manager of the Athletes’ Village development (Vancouver Olympics). This mandate included advising the Receiver in completing construction of multi-unit residential complexes, developing and implementing a sales and investment solicitation process, and resolving issues under the Real Estate Development and Marketing Act.

Counsel for a minority shareholder in the construction services industry. Defeated an onerous non-competition agreement, leading to a favourable negotiated resolution that allowed my client to establish a competing business in the Okanagan.

Counsel for a retired partner in a professional services partnership. Successfully sued for recovery of more than $1Million owing in connection with the sale of the client’s practice, despite the purchaser’s intervening bankruptcy.

Counsel for a petitioning 25% shareholder seeking remedies for oppression under the Business Corporations Act in connection with a business valued in excess of $75 Million. Obtained a winding up order which allowed the shareholder to exit the company and monetize his investment.

Counsel for a trust beneficiary who was removed by the trustee for alleged misconduct. The court declared the removal to be invalid and reinstated the beneficiary.

Lead counsel for numerous secured creditors (banks, credit unions, and private lenders) in enforcement proceedings.

Counsel for a shareholder who was removed from the board of a real estate development company contrary to a shareholders’ agreement. Oppression proceedings were settled through a negotiated share purchase agreement.

Counsel for an insolvent development company. Negotiated compromise arrangements with dozens of creditors and arranged for interim funding to permit construction to continue. The restructuring plan was approved by the court and creditors, allowing the company to complete construction and close pending sales.

Counsel for senior secured lender to a stalled golf course/residential development. Negotiated a forbearance agreement and resolved regulatory issues to permit the borrower to complete the phase under construction and close pending sales.

Counsel for a 50% shareholder with significant disputed shareholder loans in a cattle ranch operation. Obtained an order appointing a receiver-manager to implement a claims process order. Successfully established all the client’s claims at trial, while defeating disputed claims of the other shareholder.

Counsel for a trustee in bankruptcy in connection with a claim for breach of fiduciary duty and negligence. Successfully defended the claim at trial and on appeal.

Counsel for the court appointed receiver of 10 vineyards/wineries. Developed a sales process and concluded the successful sale of all assets, including obtaining all regulatory approvals to permit the transfer of associated licences and permits.

Counsel for a Belgian liquefaction enterprise in connection with the restructuring of Douglas Channel natural gas development under the Companies’ Creditors Arrangement Act. 

Counsel for international oil and gas company with interests in Ecuador and Alberta in connection with a restructuring process that resulted in a refinancing, the sale of assets, and repayment of creditors.

 Counsel for owner/developer, successfully defending claims by the lead contractor for extras made under a CCDC5 fixed price contract.

Counsel for a landowner in a successful petition to cancel a restrictive covenant affecting construction of dwelling on lakefront property.

Counsel for the Queen in Right of Canada in the successful defence of an historical claim for easement rights over land within Mt. Revelstoke National Park.

Counsel for a beneficiary in a disputed estate matter, obtaining a preservation order to prevent disposition of disputed assets, resulting in a successful negotiated resolution.