Brian Duong is developing a practice in civil litigation, arbitration, and administrative law.
Brian brings several years of experience abroad as an associate in the US litigation group at Ropes & Gray LLP in Boston and in the international arbitration group at Freshfields Bruckhaus Deringer LLP in Paris.
He holds law degrees from the University of Toronto and the University of Cambridge, and is a former clerk of the British Columbia Court of Appeal. Brian has been a member of the Massachusetts and British Columbia bars since 2009.
Regal Ideas Inc. v. Haus Innovations Inc, 2018 BCSC 136 (with Mark Oulton): counsel for the plaintiffs in: (a) successfully defending a challenge to an Anton Piller order in a commercial case involving allegations of breach of contract, conversion and misuse of confidential and proprietary information; and (b) obtaining an order to access and examine the electronic and physical evidence seized as part of the original Anton Piller order.
Bagry v. Sandhu, 2018 BCCA 14 (with Mark Oulton): counsel for the appellant in a successful appeal from an order entitling the respondent majority owners to buy-out the appellant’s minority interest in a farm.
Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 94 (with Ken McEwan, Q.C.): Counsel to Adera entities and management on successful application to remove certificate of pending litigation on properties adjacent to the Plaintiff’s residential building in which the Plaintiff claimed a failure by the Defendants to provide sufficient parking stalls.
Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 137 (with Ken McEwan, Q.C.): Counsel to Adera entities and management on successful summary trial application to have claim in respect of alleged failure to provide sufficient parking stalls pursuant to an Agreement of Purchase and Sale dismissed.
Stewart v. Stewart et. al., 2016 BCSC 2256 (with Ken McEwan, Q.C.): successfully defended an application brought against a national law firm claiming a disqualifying conflict of interest.
Google Inc. v. Mutual, 2016 BCSC 1169 (with Brent Olthuis): Represented VideoShare LLC (plaintiff in Delaware proceedings against Google and others) in petition concerning deposition of a witness in British Columbia.
Gisèle Stephens-Chu and Brian Duong, "Renée Rose Levy and Gremcitel SA v The Republic of Peru: ICSID tribunal continues to develop the doctrine of abuse of process in corporate restructuring", International Bar Association, Arbitration News, Vol 20, No 2, September 2015.
K. Michael Stephens and Brian Duong, "Collateral Attack in Canadian Administrative Law: Principles Going Forward", presented to the Canadian Bar Association's 13th Annual National Administrative Law, Labour and Employment Law Conference: At the Crossroads (November 23-24, 2012)
Mark Oulton and Brian Duong successfully defended a challenge to an anton piller order in a commercial case involving allegations of breach of contract, conversion and misuse of confidential and proprietary information and obtained an order to access and examine the electronic and physical evidence seized pursuant to the original Anton Piller Order. The reasons for judgment can be found here.
Mark Oulton and Brian Duong successfully appealed a decision of the BC Supreme Court which ordered the buy-out of a minority owner’s interest in a farm by its majority owners. The BC Court of Appeal set aside the order and remitted the matter back to the trial judge. A copy of the decision can be found here.
Brian Duong (with Brent Olthuis) represented VideoShare LLC, the plaintiff in Delaware proceedings alleging patent infringement by Google Inc. and others, in proceedings brought in British Columbia concerning the deposition of a witness. The reasons for judgment are available The reasons for judgment are available here.