The following is a sampling of the reported decisions handled by
counsel from Hunter Litigation Chambers:
Re Inmet Mining Corp. (British Columbia Court of Appeal,
2009)
John Hunter, Q.C. and Mark Oulton acted for Inmet in successfully opposing
the substantial premium sought by the client’s former law firm in a
judgment that established the principle that a lawyer has a duty to advise
the lawyer’s client of the basis on which legal fees are to be charged.
Click
here for a copy of the judgment.
Majormaki Holdings LLP v. Wong (British Columbia Court of
Appeal, 2009)
Jacqueline Hughes successfully defended an appeal of an order for
incarceration for civil contempt. Click
here for a copy of the judgment.
Western Forest Products Limited v. British Columbia
(British Columbia Court of Appeal, 2009)
John Hunter, Q.C. and Mark Oulton acted for Western in a successful appeal
of a challenge brought by the Crown to a decision of the Forest Appeals
Commission. The principal issue was whether it was unsuitable to appraise
a licensee using an appraisal log dump that was unavailable for use by any
other licensee. Click
here for a copy of the judgment.
Canadian Forest Products Limited v. British Columbia and the
Forest Appeals Commission (British Columbia Supreme Court, 2009)
John Hunter, Q.C. and Mark Oulton acted for Canfor in a successful appeal
of a decision of the Forest Appeals Commission relating to the authority
of the Minister to retroactively change stumpage rates for timber that had
already been scaled. Click
here for a copy of the judgment.
Peak Innovations Inc. et al. v. Pacific Rim Brackets Ltd. et al.
(British Columbia Supreme Court, 2009)
David Harris, Q.C. successfully established that pre-litigation demand
letters in a defamation case are protected by the defence of absolute
privilege. Click
here for a copy of the judgment.
In the Matter of British Columbia Hydro and Power Authority and An
Application for Approval of the 2008 Long Term Acquisition Plan,
(British Columbia Utilities Commission, 2009)
Mark Oulton represented COPE 378 in successfully opposing BC Hydro’s
proposed 2008 Long Term Acquisition Plan on the grounds that it was not in
the public interest. Click
here for a copy of the judgment.
667975 B.C. Ltd. v. Purewal et al. (British Columbia Court
of Appeal, 2009)
David Harris, Q.C. successfully appealed a trial judgment that had award
specific performance against the vendor of real property. Click
here for a copy of the judgment.
Simpson v. Baechler (British Columbia Court of Appeal, 2009)
Bill Berardino, Q.C. and Brent Olthuis represented Mr. Simpson, a
pedestrian, in a successful appeal against the driver of a motor vehicle
who collided with him. Click
here for a copy of the judgment.
Hayes Forest Services Ltd v. Weyerhaeuser Company Limited
(British Columbia Court of Appeal, 2008)
John Hunter, Q.C. and Michael Stephens acted for Weyerhaeuser and
successfully upheld an arbitration award in favour of Weyerhaeuser in a
dispute concerning a timber supply execution agreement and the treatment
of certain road construction costs under that agreement. Click
here for a copy of the judgment.
British Columbia v. Foster Forest Products Limited and others
(British Columbia Supreme Court, 2008)
Mark Oulton successfully represented two licensees in a summary trial
relating to the scope of the lien created in favour of the Crown by s.
130(1)(d) of the Forest Act. Click
here for a copy of the judgment.
Jay & Mereti Holdings Ltd. v. British Columbia Lottery
Corporation (British Columbia Supreme Court, 2008)
Michael Stephens and Brent Johnston acted for the British Columbia Lottery
Corporation in successfully setting aside an injunction granted against
the Lottery Corporation suspending the termination of a lottery operations
agreement relating to the sale of lottery tickets. Click
here for a copy of the judgment.
Strother v. 3464920 Canada Inc. et al. (Supreme Court of
Canada, 2007)
David Harris, Q.C. successfully defended through to the Supreme Court of
Canada alleged breaches of fiduciary duty and allegations of knowing
assistance. Click
here for a copy of the SCC judgment.
Maximum Ventures Inc. v. De Graaf (British Columbia Supreme
Court and Court of Appeal, 2007)
John Hunter, Q.C. and Brent Olthuis successfully defended an application
seeking production of documents covered by common interest privilege.
Click
here for a copy of the BCCA judgment.
Cook v. Board of School Trustees of School District No. 43 (Coquitlam)
(British Columbia Supreme Court, 2007)
Michael Stephens acted for a group of parents challenging the closure of
College Park Elementary School in Port Moody, British Columbia, on the
basis of non-disclosure of certain information in the school closure
process. The decision articulates the governing legal principles
concerning a legal challenge to school closure decisions in British
Columbia. Click
here for a copy of the judgment.
Royal City Jewellers & Loans Ltd. v. New Westminster (City)
(British Columbia Court of Appeal, 2007)
Brent Olthuis represented the B.C. Civil Liberties Association, an
intervenor in a successful challenge against a municipal bylaw. Click
here for a copy of the judgment.
In the Matter of a Filing by British Columbia Hydro and Power
Authority of Energy Supply Contracts with Alcan Inc, (British
Columbia Utilities Commission, 2007)
John Hunter, Q.C. and Mark Oulton represented the District of Kitimat in
successfully opposing the acceptance of the LTEPA Amending Agreement and
the Amended and Restated Long-Term Electricity Purchase Agreement by the
B.C. Utilities Commission on the grounds that the agreements were not in
the public interest. Click
here for a copy of the judgment.
Knight v. Imperial Tobacco Canada Limited (British Columbia
Court of Appeal, 2006)
Bill Berardino, Q.C. and David Harris, Q.C. represented Imperial Tobacco
Canada Limited in an appeal of an order granting certification for a class
action brought against Imperial alleging deceptive acts or practices in
the marketing of cigarettes. Click
here for a copy of the judgment.