Randy Kaardal, Q.C. and Ken Leung successfully defended against an application to set aside a Mareva injunction obtained ex parte and in camera by a Chinese bank seeking to enforce a foreign arbitration award. While the Supreme Court of British Columbia found that the bank had overstated its case when seeking the injunction, the Court nevertheless concluded that the balance of convenience favoured maintaining the injunction. The reasons for judgment, released in December 2016, may be found here: China CITIC Bank Corporation Limited v. Yan, 2016 BCSC 2332. Randy and Ken also represented the bank in petition proceedings to recognize the award in British Columbia, and in February 2017, the arbitration award of approximately CAD 10 million was recognized by the Supreme Court of British Columbia.
Randy Kaardal, Q.C., Ryan Androsoff, and Rebecca Robb represented an Alberta-based Rural Electrification Association in successfully defending against an application brought by the adverse electrical distribution utility for a declaration that an arbitrator had lost jurisdiction to deal with costs. The utility sought to deny the Association the opportunity to claim its costs of a lengthy and hard-fought arbitration brought under the Alberta Electric Utilities Act and the related Roles, Relationships and Responsibilities Regulation in which the Association enjoyed substantial success. The arbitrator’s ruling that he retains jurisdiction to deal with costs means the Association may now seek recovery from the utility of the considerable expense it incurred in the course of the arbitration.
Ken McEwan, Q.C. and Brian Duong successfully brought an application for summary trial, dismissing in its entirety a claim by owners of a residential development against the developer and adjacent property owners for additional parking stalls in a shared underground parking facility pursuant to an Agreement of Purchase and Sale. The reasons for judgment, released January 31, 2017, may be found here: Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 137. Ken and Brian were previously successful in the same action in having a certificate of pending litigation in respect of the claimed interest in parking stalls set aside. Those reasons for judgment may be found at: Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 94
We are pleased to announce that Kimberley Knapp has returned to the firm after a two year hiatus raising her children. Kim was called to the bar in 2000 and we welcome her back as an associate.
We also welcome Alexander Bjornson to the firm as an associate. Alex was called in 2015 and he comes to us with construction litigation experience from a large national law firm in Vancouver.
John Hunter Q.C. and Trevor Bant represented the Conflict of Interest Commissioner for British Columbia in obtaining a summary dismissal of a petition brought by Democracy Watch challenging the opinions given by the Commissioner over an allegation of conflict of interest brought against the Premier. The judgment can be found at here.