Successfully defended application to strike pleadings and dismiss undue influence claim on summary basis.
Lead counsel in ten day trial with successful judgment of close to $400,000 for plaintiff injured in motor vehicle accident.
Dismissed contract/breach of trust claim on behalf of client.
Precedent setting case re s. 151 WESA
In a recent lengthy and complex confidential arbitration of significant financial disputes arising from a joint venture agreement respecting the development of the Kitimat LNG project and Prince Rupert Harbour, Brent obtained a multimillion dollar award in favour of the claimants for the respondent’s breach of the JV agreement and fiduciary duties as managing partner.
2022 BCSC 801
Over 35 plaintiffs brought a complex action against the defendant developer, Anderson Square, and its directors, for wrongful termination of their pre-sale agreements to purchase condominiums in a luxury 110 unit residential strata building in Richmond BC. Prior to trial, the plaintiffs sought a “Mareva” injunction freezing the assets of Anderson Square until the conclusion of the trial. The plaintiffs asserted that absent such an order, Anderson Square would be free to sell the units in the nearly completed building to other purchasers and distribute the profits of the development to its shareholders, leaving nothing to pay any potential monetary award to the plaintiffs at trial. Brent, as lead counsel, was successful in having the plaintiffs’ application dismissed in its entirety on the basis that, among other things, the plaintiffs had not established an arguable case on liability nor properly quantified their alleged losses.
Daniel Draht acted as counsel for the Plaintiff, Connie Rauch in a matter against Florian Hebekerl.
Mr. Hebekerl had been ordered to pay the Plaintiff $35,000.00 following a trial of Ms. Rauch’s claim against him. Unfortunately, Mr. Hebekerl did not pay the judgment despite the court order.
Mr. Draht proceeded to set a payment hearing followed by a default hearing in the matter. Following a default hearing, the Honourable Judge R. Hewson ordered a term of imprisonment for Mr. Hebekerl due to his failure to make payments on the judgment. Judge Hewson noted that in nearly 10 years as a judge he had never had to order a jail term for failure to pay a debt in small claims court.
Within months of his release from prison, Mr. Hebekerl paid the judgment amount in full with interest.
Chris Hart acted as lead counsel for the Plaintiff, Brent Morgan, in a trial against the Township of Spallumcheen (“Spallumcheen”) for compensation arising from Spallumcheen’s without-notice tax sale of his property. Mr. Morgan claimed that he should be awarded damages equal to the fair market value of the property as of the date of trial, while Spallumcheen argued that Mr. Morgan should be awarded damages equal to the fair market value of the property as of the date of his property’s conveyance after the tax sale, where the difference in the contested figures was $190,000.00. The Supreme Court agreed with Mr. Morgan’s arguments, and awarded him approximately $360,000.00, which represented the fair market value of the property as of the date of trial.
Chris Hart acted as lead counsel for the Plaintiff, Kevin Tyler, in a trial against ICBC, which admitted liability on behalf of Ms. Sowinski. The Supreme Court largely accepted Mr. Tyler’s arguments, awarding Mr. Tyler $85,000 in non-pecuniary damages, $60,000 in past income loss, $72,800 in future loss of earning capacity, and $5,000 in cost of future care for a total of $222,800 (ICBC had argued for non-pecuniary damages in the range of $30,000 to $50,000; $5,943.90 for past income loss; and argued that Mr. Tyler should not receive any compensation for loss of future earning capacity or costs of future care).
2022 BCSC 793
Over $1,300,000 awarded at trial to plaintiff injured in horrific dirt biking accident: Mr. Jackson sustained significant injuries when riding his dirt bike on a private road, near his parents’ rural property. The occupier of the property had strung a metal chain across the road, with no signage or indication that it was present. Mr. Jackson did not see the chain, and collided with it at speed. The collision with the chain resulted in both arms being broken, a shattered pelvis, a cracked eye socket, a concussion, and nerve damage to his right leg. Mr. Jackson was in hospital for over 2 months both locally and in Vancouver after numerous surgeries and a lengthy rehab stay.
Mr. Jackson was only 26 years old when the accident happened, was in very good health and working as a journeyman crane operator. At the time of trial he was 30 years of age and still working in his profession but his employment opportunities have been greatly reduced due his injuries. The court found that he was stoic by nature and has carried on with his life and responsibilities through sheer grit, perseverance, stubbornness and necessity.
After granting default judgment early on in the trial after an application by plaintiff counsel, for failure of the defendant to comply with court orders and failure to make discovery of documents, the trial proceeded only for assessment of damages, which were awarded at $1,353,616.88 including $800,000 for loss of future earning capacity. The trial was conducted by James Cotter.