Lawson Lundell's Commercial Litigation and Dispute Resolution Blog follows new and interesting issues emerging in the legal and business communities. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
Practice Expertise
- Business Litigation
- Commercial Litigation
- Corporate Litigation
- Defamation and Media
Areas of Practice
- Business Litigation
- Commercial Litigation
- Corporate Litigation
- Defamation and Media
- Insolvency and Restructuring
- Product Liability View More
Profile
Peter is a litigator with a wide range of experience, practising for over 26 years in Vancouver. For a number of years he practised criminal law before resuming civil and commercial litigation, including claims involving allegations of fraud. He has appeared before all levels of court in British Columbia as well as other professional bodies. His experience includes products liability, property law disputes, professional negligence claims, insurance defense and coverage, defamation, commercial disputes, contracts, copyright and trademark matters, company law and banking and insolvency litigation. He also has experience obtaining and defending various types of injunctions, including Mareva and Anton Pillar injunctions.
Peter was the Head of the Litigation Group at Lawson Lundell from 2008-2010.
Peter is a regular contributor to Lawson Lundell's Western Canada Business Litigation Blog, a resource that examines current trends and interesting issues emerging in the legal and business communities.
Peter was the Head of the Litigation Group at Lawson Lundell from 2008-2010.
Peter is a regular contributor to Lawson Lundell's Western Canada Business Litigation Blog, a resource that examines current trends and interesting issues emerging in the legal and business communities.
Bar Admissions
British Columbia (1991)
Northwest Territories (2009)
Education
McGill University (B.A. (History), 1985)
University of British Columbia (LL.B., 1989)
Areas of Practice
- Business Litigation
- Commercial Litigation
- Corporate Litigation
- Defamation and Media
- Insolvency and Restructuring
- Product Liability
Professional Career
Significant Accomplishments
Peter's experience includes the following:
Commercial Litigation
*Kennedy v. Coe, 2014 BCSC 120
Successful defence of wrongful death claim brought by widow of heli-ski participant against the "ski buddy".
*Wiebe v. Federal Pioneer Ltd. and others, B.C.S.C. Vancouver SOO3235.
Defended Federal Pioneer Ltd. and Schneider Canada Inc. in a products liability claim involving the design and manufacture of commercial electrical equipment. The claim involved an explosion and fire in a hotel and was dismissed.
*Great Canadian Casino v. Schneider Canada Inc., B.C.S.C. Vcr. Reg. Action No. S065158, Oral Reasons, November 25, 2011
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.
*National Importers Ltd. v. Williams Foods, 2006 BCSC No. S042501
Successful defence of a claim for damages in breach of a terminated distribution agreement.
*Amos v. Virk, 2003 BCCA 449
A decision of the Court of Appeal regarding the production of documents in the possession of third parties.
*Repap B.C. v. Electronic Technology Systems, Inc. and others, 2002 BCSC 539
A complex commercial dispute involving a successful determination of the terms of a commercial contract regarding the repair of a steam turbine (colloquially referred to as "The Battle of the Forms").
Real Estate
*McRae v. Seymour Village Management Inc., 2014 BCSC 714
Acting for 87 of 114 registered owners, obtained order for sale of 6.25 acre common law residential cooperative under the Partition of Property Act.
*The Board of Education of School District No. 39 (Vancouver) et al., v. HMTQ et al., SCBC Vancouver Registry No. S-136131
Successful application under Property Law Act to amend restrictive covenant registered on title to Andy Livingston Park in Vancouver for the purposes of allowing construction of a school in neighbouring airspace parcel.
*Canadian Petcetera Limited Partnership v. 2876 R Holdings, 2009 BCSC 1135); Upheld on appeal: 2010 BCCA 469.
Successfully challenged wrongful termination of lease by landlord.
*Daflos v. Board of School Trustees, 2002 BCCA 475
A successful appeal against an award of penalty interest in an expropriation compensation hearing.
Fraud Claims
*West Care Medical Ltd. v. Brown, 2009 BCSC No. S096285
Obtained Mareva Injunction, document recovery orders and $1.4 million judgment on behalf of client following discovery of defalcation by former employee.
*Royal Vancouver Yacht Club v. Datsko, 2007 BCSC No.S076896
Obtained judgment and recovery on behalf of RVYC 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.
Defamation
*Lewis v. Abel and others, 2007 BCSC 604
Successful defence of a defamation claim alleging malice against three medical professionals in the context of their work in a specialized hospital team.
*Schut v. Magee, 2003 BCCA 417
A case involving a successful trial and appellate defence of a claim for defamation brought by one professional against others.
Banking & Finance
*Moffoot v. Royal Bank of Canada and others, 2014 BCSC 1387
Obtained dismissal of complicated mortgage fraud claim against a financial institution in protracted multi-party litigation.
*Bank of Montreal v. Tolo-Pacific Consolidated Industries Corp., 2012 BCSC 1785.
Obtained judgment on personal guarantees for secured creditor and defeated protracted claim for improvident realization of debtor's assets.
*HSBC Bank Canada v. Kupritz, 2011 BCSC 788
Defeated allegations of improvident realization of corporate debtor's assets raised by personal guarantors against a secured creditor as a defence to liability under their guarantees. Obtained judgment against personal guarantors.
*Bank of Montreal v. Blanshard Manor, 2009 BCSC 972
Obtained enforcement of mortgage terms in complicated, multi-million dollar commercial foreclosure proceeding that was referred to the trial list.
Bankruptcy & Insolvency
*Fisgard v. Bond Street, 2012 NWTSC 11
Acted for lien holder in priority dispute with mortgagee over proceeds of sale of a failed real estate development.
*Cliffs Over Maple Bay (Re), 2011 BCCA 346
Successfully assert solicitor's lien in priority to secured creditors in the context of a failed Companies Creditors' Arrangement Act proceeding.
*Brebber v. Dodd, 2011 BCSC 200; Receivership of Pope & Talbot Ltd., 2009 BCSC 1738, 2011 BCSC 789; Pope & Talbot Ltd. (Re), 2011 BCCA 326; Pope & Talbot Ltd. (Re), 2009 BCSC 1823, 2010 BCSC 757, 1885, 1889, 1902, 2011 BCSC 139
Acted for former employees of a bankrupt pulp mill in unpaid wage claim against former directors in the context of a cross-border CCAA proceeding. Claims involved complicate insolvency, priority, insurance coverage and director's liability issues.
*Forsyth (Re), 2010 BCSC 1720
Successfully set aside a Declaration of Trust as a "sham". The trust purported to make the registered owner of land simply a "bare trustee" for an insolvent company and defeat numerous creditors.
*Bankruptcy of T.S. Gill, 2005 BCSC 227586/VA-02
Acted as legal counsel to the Trustee in Bankruptcy of Tarsem Singh Gill (Martin Wirick's client). This included obtaining nine separate injunctions to prevent the dissipation of estate property and trace them to and through third parties for the recovery of that property in the context of a complicated bankruptcy. The retainer involved over 270 separate legal actions including tracing claims, fraudulent preference and conveyance claims and fraud claims.
Estate Litigation
*Brown v. Estate of Pearce, 2014 BCSC 1402
Successful defence of wills variation claim brought by adult son seeking to vary his deceased mother's will.
Class Proceedings
*Elms v. Laurentian Bank of Canada, 2000 B.C.S.C. 796; Upheld on appeal: 2001 BCCA 429
The certification of a class action in a claim by investors against a bank and solicitor.
Professional Associations
*Canadian Bar Association, Member
*British Columbia Trial Lawyers Association, Member
*Justice Education Society, Board Member
*Vancouver Bar Association Executive Committee (2002)
Recognition and Ranking
*Best Lawyers in Canada: recognized for alternative dispute resolution, corporate and commercial litigation and insolvency & financial restructuring law
*Martindale-Hubbell International Law Directory: BV Peer Review rated
Community Activities
* Touchstone Theatre Company, Director
* Lighthouse Park Preservation Society, Member
* Law Courts Inn, Director
Seminars/ Presentation
"Kennedy vs. Coe Lawsuit," Canada West Ski Areas Association conference, Fairmont Chateau Whistler (May 14, 2014)
"Constructive Trustsâ€Â, Creditors' Remedies 2014, Continuing Legal Education Society of British Columbia (April 14, 2014), Speaker
"Enforcement and Recovery Part 1: What to Do (And Not to Do) Before Judgment", Creditors' Remedies 2012 Course, Continuing Legal Education Society of British Columbia (May 17, 2012), Speaker
An overview of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, Seminar (December 2010), Speaker
"A Sign of the Times: What to do when you Discover Employee Fraudâ€Â, Practical Tips for Tough Economic Times Seminar, Vancouver, BC (May 20, 2009), Speaker
Peter's experience includes the following:
Commercial Litigation
*Kennedy v. Coe, 2014 BCSC 120
Successful defence of wrongful death claim brought by widow of heli-ski participant against the "ski buddy".
*Wiebe v. Federal Pioneer Ltd. and others, B.C.S.C. Vancouver SOO3235.
Defended Federal Pioneer Ltd. and Schneider Canada Inc. in a products liability claim involving the design and manufacture of commercial electrical equipment. The claim involved an explosion and fire in a hotel and was dismissed.
*Great Canadian Casino v. Schneider Canada Inc., B.C.S.C. Vcr. Reg. Action No. S065158, Oral Reasons, November 25, 2011
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.
*National Importers Ltd. v. Williams Foods, 2006 BCSC No. S042501
Successful defence of a claim for damages in breach of a terminated distribution agreement.
*Amos v. Virk, 2003 BCCA 449
A decision of the Court of Appeal regarding the production of documents in the possession of third parties.
*Repap B.C. v. Electronic Technology Systems, Inc. and others, 2002 BCSC 539
A complex commercial dispute involving a successful determination of the terms of a commercial contract regarding the repair of a steam turbine (colloquially referred to as "The Battle of the Forms").
Real Estate
*McRae v. Seymour Village Management Inc., 2014 BCSC 714
Acting for 87 of 114 registered owners, obtained order for sale of 6.25 acre common law residential cooperative under the Partition of Property Act.
*The Board of Education of School District No. 39 (Vancouver) et al., v. HMTQ et al., SCBC Vancouver Registry No. S-136131
Successful application under Property Law Act to amend restrictive covenant registered on title to Andy Livingston Park in Vancouver for the purposes of allowing construction of a school in neighbouring airspace parcel.
*Canadian Petcetera Limited Partnership v. 2876 R Holdings, 2009 BCSC 1135); Upheld on appeal: 2010 BCCA 469.
Successfully challenged wrongful termination of lease by landlord.
*Daflos v. Board of School Trustees, 2002 BCCA 475
A successful appeal against an award of penalty interest in an expropriation compensation hearing.
Fraud Claims
*West Care Medical Ltd. v. Brown, 2009 BCSC No. S096285
Obtained Mareva Injunction, document recovery orders and $1.4 million judgment on behalf of client following discovery of defalcation by former employee.
*Royal Vancouver Yacht Club v. Datsko, 2007 BCSC No.S076896
Obtained judgment and recovery on behalf of RVYC 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.
Defamation
*Lewis v. Abel and others, 2007 BCSC 604
Successful defence of a defamation claim alleging malice against three medical professionals in the context of their work in a specialized hospital team.
*Schut v. Magee, 2003 BCCA 417
A case involving a successful trial and appellate defence of a claim for defamation brought by one professional against others.
Banking & Finance
*Moffoot v. Royal Bank of Canada and others, 2014 BCSC 1387
Obtained dismissal of complicated mortgage fraud claim against a financial institution in protracted multi-party litigation.
*Bank of Montreal v. Tolo-Pacific Consolidated Industries Corp., 2012 BCSC 1785.
Obtained judgment on personal guarantees for secured creditor and defeated protracted claim for improvident realization of debtor's assets.
*HSBC Bank Canada v. Kupritz, 2011 BCSC 788
Defeated allegations of improvident realization of corporate debtor's assets raised by personal guarantors against a secured creditor as a defence to liability under their guarantees. Obtained judgment against personal guarantors.
*Bank of Montreal v. Blanshard Manor, 2009 BCSC 972
Obtained enforcement of mortgage terms in complicated, multi-million dollar commercial foreclosure proceeding that was referred to the trial list.
Bankruptcy & Insolvency
*Fisgard v. Bond Street, 2012 NWTSC 11
Acted for lien holder in priority dispute with mortgagee over proceeds of sale of a failed real estate development.
*Cliffs Over Maple Bay (Re), 2011 BCCA 346
Successfully assert solicitor's lien in priority to secured creditors in the context of a failed Companies Creditors' Arrangement Act proceeding.
*Brebber v. Dodd, 2011 BCSC 200; Receivership of Pope & Talbot Ltd., 2009 BCSC 1738, 2011 BCSC 789; Pope & Talbot Ltd. (Re), 2011 BCCA 326; Pope & Talbot Ltd. (Re), 2009 BCSC 1823, 2010 BCSC 757, 1885, 1889, 1902, 2011 BCSC 139
Acted for former employees of a bankrupt pulp mill in unpaid wage claim against former directors in the context of a cross-border CCAA proceeding. Claims involved complicate insolvency, priority, insurance coverage and director's liability issues.
*Forsyth (Re), 2010 BCSC 1720
Successfully set aside a Declaration of Trust as a "sham". The trust purported to make the registered owner of land simply a "bare trustee" for an insolvent company and defeat numerous creditors.
*Bankruptcy of T.S. Gill, 2005 BCSC 227586/VA-02
Acted as legal counsel to the Trustee in Bankruptcy of Tarsem Singh Gill (Martin Wirick's client). This included obtaining nine separate injunctions to prevent the dissipation of estate property and trace them to and through third parties for the recovery of that property in the context of a complicated bankruptcy. The retainer involved over 270 separate legal actions including tracing claims, fraudulent preference and conveyance claims and fraud claims.
Estate Litigation
*Brown v. Estate of Pearce, 2014 BCSC 1402
Successful defence of wills variation claim brought by adult son seeking to vary his deceased mother's will.
Class Proceedings
*Elms v. Laurentian Bank of Canada, 2000 B.C.S.C. 796; Upheld on appeal: 2001 BCCA 429
The certification of a class action in a claim by investors against a bank and solicitor.
Professional Associations
*Canadian Bar Association, Member
*British Columbia Trial Lawyers Association, Member
*Justice Education Society, Board Member
*Vancouver Bar Association Executive Committee (2002)
Recognition and Ranking
*Best Lawyers in Canada: recognized for alternative dispute resolution, corporate and commercial litigation and insolvency & financial restructuring law
*Martindale-Hubbell International Law Directory: BV Peer Review rated
Community Activities
* Touchstone Theatre Company, Director
* Lighthouse Park Preservation Society, Member
* Law Courts Inn, Director
Seminars/ Presentation
"Kennedy vs. Coe Lawsuit," Canada West Ski Areas Association conference, Fairmont Chateau Whistler (May 14, 2014)
"Constructive Trustsâ€Â, Creditors' Remedies 2014, Continuing Legal Education Society of British Columbia (April 14, 2014), Speaker
"Enforcement and Recovery Part 1: What to Do (And Not to Do) Before Judgment", Creditors' Remedies 2012 Course, Continuing Legal Education Society of British Columbia (May 17, 2012), Speaker
An overview of the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, Seminar (December 2010), Speaker
"A Sign of the Times: What to do when you Discover Employee Fraudâ€Â, Practical Tips for Tough Economic Times Seminar, Vancouver, BC (May 20, 2009), Speaker
Articles
Additional ArticlesThe Rise of Civil Forfeiture, BarTalk (August 1, 2014)
"Selling an entire strata building." Western Investor, April 2014, Author (April 15, 2014)
The Commercial Lease, A Practical Guide, 5th ed. (2013), Canada Law Book, Harvey Haber, Q.C., Contributor
Insolvency and Restructuring Bulletin: SCC Releases its Decision in Sun Indalex Finance, LLC v. United Steelworkers (February 7, 2013)
"How to Find Your Defamer on the Internet", Internet and E-Commerce Law in Canada, Lexis Nexis Canada Inc., Vol. 12, No.11 and Western Canada Business Litigation Blog (March 2012), Author
"A Cautionary Tale for Front Line Bank Employees", Western Canada Business Litigation Blog and National Banking Law Review, Vol 30, No. 5, LexisNexis Canada Inc. (October 2011), Author
"But I spent the money already!", Western Canada Business Litigation Blog and National Banking Law Review, Vol 30, No. 5, LexisNexis Canada Inc. (October 2011), Author
"I have a right to a bank account!", Western Canada Business Litigation Blog and National Banking Law Review, Vol 30, No. 5, LexisNexis Canada Inc. (October 2011), Author
Practical Tips for Tough Economic Times (May 20, 2009)
“The Taxation of Contingent Fee Agreements in Bankruptcy Filesâ€Â, Commercial Insolvency Reporter, Vol 19, No. 5 (June 2007), Author
“Adrift in a Sea of Government Searches: What to do when the M.V. Nadon pulls along sideâ€Â, The Marina Mirror (2001), Author
The Annotated British Columbia Limitation Act, Reviewed for the Advocate
After the Madness: A Judge’s Own Prison Memoir (1997), Reviewed for the Advocate
Lord High Executioner: An Unabashed Look at Hangman, Headsmen and Their Kind, 55 Advocate 441, Howard Engel (1997), Reviewed for the Advocate
"But I spent the money already!", Western Canada Business Litigation Blog and National Banking Law Review, Vol 30, No. 5, LexisNexis Canada Inc. (October 2011), Author
"Selling an entire strata building." Western Investor, April 2014, Author (April 15, 2014)
The Commercial Lease, A Practical Guide, 5th ed. (2013), Canada Law Book, Harvey Haber, Q.C., Contributor
Insolvency and Restructuring Bulletin: SCC Releases its Decision in Sun Indalex Finance, LLC v. United Steelworkers (February 7, 2013)
"How to Find Your Defamer on the Internet", Internet and E-Commerce Law in Canada, Lexis Nexis Canada Inc., Vol. 12, No.11 and Western Canada Business Litigation Blog (March 2012), Author
"A Cautionary Tale for Front Line Bank Employees", Western Canada Business Litigation Blog and National Banking Law Review, Vol 30, No. 5, LexisNexis Canada Inc. (October 2011), Author
"But I spent the money already!", Western Canada Business Litigation Blog and National Banking Law Review, Vol 30, No. 5, LexisNexis Canada Inc. (October 2011), Author
"I have a right to a bank account!", Western Canada Business Litigation Blog and National Banking Law Review, Vol 30, No. 5, LexisNexis Canada Inc. (October 2011), Author
Practical Tips for Tough Economic Times (May 20, 2009)
“The Taxation of Contingent Fee Agreements in Bankruptcy Filesâ€Â, Commercial Insolvency Reporter, Vol 19, No. 5 (June 2007), Author
“Adrift in a Sea of Government Searches: What to do when the M.V. Nadon pulls along sideâ€Â, The Marina Mirror (2001), Author
The Annotated British Columbia Limitation Act, Reviewed for the Advocate
After the Madness: A Judge’s Own Prison Memoir (1997), Reviewed for the Advocate
Lord High Executioner: An Unabashed Look at Hangman, Headsmen and Their Kind, 55 Advocate 441, Howard Engel (1997), Reviewed for the Advocate
"But I spent the money already!", Western Canada Business Litigation Blog and National Banking Law Review, Vol 30, No. 5, LexisNexis Canada Inc. (October 2011), Author
Blogs
North of 60 Blog
Our North of 60 Blog provides commentary on current legal trends and developments, and legislative updates affecting businesses in Northern Canada.
Pensions and Employee Benefits Law Blog
Lawson Lundell's Pension and Employee Benefits Law Blog provides updates on the most recent legal developments impacting pension and employee benefit plans. We cover a range of topics, including recent case law and changes to relevant provincial and federal legislation.
Privacy & Data Management Blog
This blog is authored by members of the Privacy & Data Management Department. We follow new and interesting issues emerging in the legal and business communities. We follow emerging issues, legal developments, and new technology as they impact privacy and data management. We will focus on how organizations can protect, manage and innovate with information considering the various risks, regulatory and governance requirements.
The Business Law Blog
This blog is authored by members of the Litigation and Dispute Resolution Department. We intend to follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
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