Practice Emphasis
Christopher enjoys a wide ranging civil litigation practice, with a particular emphasis on estate litigation, commercial litigation, property litigation, and construction law. Acting as lead counsel, Christopher has appeared in litigation disputes before the British Columbia Court of Appeal, the Supreme Court of British Columbia, the Provincial Court of British Columbia, and various administrative tribunals. He has taught and continues to teach an estate litigation course with his colleague, Andrew Powell, at the Thompson Rivers University Faculty of Law. Before joining Nixon Wenger LLP, Christopher practiced civil litigation for three and a half years with a national law firm in Ottawa, Ontario, where he acted as counsel before the Ontario Superior Court of Justice, Ontario Divisional Court, and various administrative tribunals.
*Providing legal services through a law corporation
Practice Areas
Education and Interests
Education
- B.Sc. (Hons), Chemistry, Queen’s University, 2006
- M.Sc., Chemistry, University of Ottawa, 2010
- Juris Doctor, University of Ottawa, 2011
Professional and Civic Interests
- Vernon Bar Association – Director
- Alpine Club of Canada, Okanagan Section – Director
- The Canadian Bar Association, British Columbia Branch. Civil Litigation, Okanagan Section – Executive Member
Recent Decisions
JCB Contracting Ltd. v. Marschall, 2023 BCSC 1561
Chris Hart acted as lead counsel for the Plaintiffs, JCB Contracting and Jason Barnett, in an application hearing brought forth by the Defendant, Ms. Marschall, seeking to dismiss the Plaintiff’s claim against her for defamation. The Supreme Court agreed with JCB Contracting’s arguments and dismissed Ms. Marschall’s application.
Haug v. Millar, 2024 BCSC 854
Chris Hart acted as lead counsel for the Plaintiff, Roslyn Haug, in a trial seeking to sell and divide the proceeds of a property jointly held by Ms. Haug and Ms. Millar. The Supreme Court agreed with Ms. Haug’s arguments and ordered that the property be sold, and the proceeds be equally split between Ms. […]
Morgan v. Spallumcheen (Township of), 2022 BCSC 752 Awarded $360,000
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, […]
Tyler v. Sowinski, 2022 BCSC 878 Awarded $222,800
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 […]
Louie v. Canada (Indigenous Services), 2021 FC 650
Chris Hart acted as lead counsel for the Respondent, Jenelle Brewer, in an appeal brought by John Louie to the Federal Court in which Mr. Louie argued that the Minister of Indigenous Services erred when rejecting Mr. Louie’s application to invalidate a will made by his deceased brother, Jimmie Louie. The Federal Court dismissed Mr. […]
Twin Anchors Manufacturing (2004) Ltd. v. Lux, 2020 BCSC 1077
Chris Hart acted as lead counsel for the application Respondent, Twin Anchors Manufacturing (2004) Ltd. (“Twin Anchors”), in an application brought by Mr. Lux, seeking to have security funds returned to him due to delays in the progress of the litigation. The Supreme Court agreed with Twin Anchors’ arguments and dismissed Mr. Lux’s application.
Mehmal v. Mehmal, 2018 BCSC 2057
Chris Hart acted as co-counsel for the Defendants, Audrey Christine Mehmal and the Estate of Walter Mehmal, in a trial commenced by Mr. Walter Mehmal’s brother, John Marshal Mehmal, who alleged that a trust existed with respect to the family ranch, where the beneficiaries were the Mehmal siblings. The Supreme Court accepted the Defendants’ arguments […]
Sommerville v. Munro, 2018 BCSC 457 Damages Awarded $236,293
Chris Hart acted as co-counsel for the Plaintiff, Philip Sommerville, in a trial against ICBC with respect to Mr. Sommerville’s injuries. Mr. Sommerville was awarded $135,000.00 for non-pecuniary damages (ICBC had argued for less than $60,000), $64,584 for costs of future care (ICBC had argued for a minimal award), and damages for other amounts, totaling […]
Agricultural Land Commission Appeal Decision, 2018 August 27
Chris Hart acted as lead counsel for the Appellants, William Robert Clendenning, Richard Dave Clendenning, and Debra Ann Honcoop, who contested an Order from the CEO of the Agricultural Land Commission (ALC), Kim Grout. The Order required the removal of unauthorized fill from their property and the remediation of the land to its agricultural capability […]
D.M.D. v F.C.H, 2017 BCSC 621
Chris Hart acted as lead counsel for the Plaintiff, D.M.D., in an injunction application, seeking a pre-trial injunction to prevent F.C.H. from transferring, withdrawing, or dealing with, the contents of bank accounts originating from D.M.D. The Supreme Court agreed with D.M.D.’s arguments and granted the injunction.
Revak v. Rosenberger, Awards $530,000
Chris Hart acted as lead counsel for the Plaintiff, Douglas Scott Revak, in a trial against ICBC to assess the quantum of damages owed to Mr. Revak resulting from a motor vehicle accident. The Supreme Court rejected ICBC’s arguments that the quantum of Mr. Revak’s damages should be in the range of $39,500 to $81,500, […]
Moore (Re), 2016 CanLII 153726 (BC EST)
Chris Hart acted as lead counsel for the Respondents, Skinner Bros. Transport Ltd. (“Skinner Bros.”) in an appeal brought forth by Thomas Moore in which Mr. Moore argued that the delegate of the Director of Employment Standards had erred in law. The Employment Standards Tribunal dismissed Mr. Moore’s appeal.
Intercontinental Music Ltd. v. Ottawa Better Business Bureau, 2015 ONSC 1905
Chris Hart acted as lead counsel for the Respondents, Ottawa Better Business Bureau, John Copeland, and Kim Dullet, in an appeal to the Ontario Divisional Court brought by Intercontinental Music Ltd. to contest a lower court decision to strike down several actions on the basis of cause of action estoppel. The court agreed with the […]
2066209 Ontario Inc. v. Ralph Tannis, 2012 ONSC 6665:
Chris Hart acted as lead counsel for the Appellant, Ralph Tannis, in an appeal contesting a Small Claims Court ruling in favor of 2066209 Ontario Inc. (“numbered company”) which awarded damages against Mr. Tannis, personally. The Ontario Divisional Court agreed with Mr. Tannis’ arguments and set aside the judgment as against Mr. Tannis.
