Lawyers
David Varty
Brent Ellingson
Corporate and Commercial Law
Represented:
- Preferred shareholder for redemption of his preferred shares
- Limousine company to obtain passenger transportation licence
- Corporation for share transfer
- Insurance company in asset purchase of another insurance company
- Salvage firm in preparation of lease
- Software developer in termination of employee
- Limousine company in share purchase of limousine company
- Helicopter operator regarding helicopter manufacturing
- Limousine company for Motor Carrier application
- Federally incorporated technology firm to reorganize its share capital
- Companies and societies with registered offices at our firm
Technology
Represented:
- Writer needing copyright advice for manuscript
- Group of shop owners in defence of video piracy claim in Federal Court following Anton Pillar order
- Businessman suing for failure of software developer to deliver contracted programs
- BC Hydro to obtain registration of Power Smart official mark
- Society in negotiations with Provincial government over copyright to work produced
- Software developer to resolve licensing agreement dispute
- Software developers to provide programmer agreements, source code agreements, non-disclosure agreements, distribution agreements, licensing agreements, technology transfer agreements, technology training agreements, software development agreements
- Firms requiring trademark registration and copyright registration
- Individual requiring expert opinion advice on computer law aspect of criminal trial for extortion
Litigation
Represented:
- Man deprived of share of parents’ estate because sibling used forged power of attorney in another country to transfer parents’ property
- Businessman who was denied a refund of large payment to immigration consultant who breached contract to find investment opportunity to facilitate immigration to Canada. Judgment against immigration consultant.
- Common-law spouse in claim by former spouse for damages for injury, property damage, return of property, medical expenses arising from domestic battery. Settled for 30% of value of original claim
- Couple defending civil claim for distribution of funds owing to families who jointly invested in investment property
- Landowners in dispute with neighbours over historical agreement to share costs of lakewater irrigation system
- Landowners in dispute with neighbours over harassment via light pollution, noise and threats to person and property
- Homeowners in dispute with neighbours over removal and theft of property markers, harassment and uttered threats. Settlement resulting in payment of damages to homeowners.
- Homeowners in dispute with municipality over unfair difference in enforcement of building standards between neighbours, failure to inspect neighbours’ property for compliance with building code and city by-laws
- Homeowner in dispute with bank over large debt arising from undisclosed increase in secured credit line interest rate
- Homebuyer in dispute with real estate agent over failure to disclose obligation to pay Additional Property Transfer Tax and to draft purchase contract accordingly
- International traveller in misappropriation of passport by hotel security
- Group of veterinarians in registrar’s proceeding by former legal counsel for unpaid legal fees for representation in human rights proceeding against College of Veterinarians of BC
- Debtor in seizure and sale of property to pursuant to unpaid loan
- Aunt and mother of young man, defending a mortgage lender’s claims of conversion and fraud in relation to mortgage loan proceeds young man obtained using forged power of attorney
- Man defending civil claim for sexual abuse of adopted sibling twenty years before claim
- Widow in tracing large payment paid to late husband pursuant to a non-disclosure agreement in a criminal case and misappropriated by late husband’s former lawyer
- Elderly man defending civil claim for sexual abuse of minor relative twenty-five years before claim
- Executor of estate in application for probate and application for interpretation of will by the court
- Woman in personal injury claim against married man for transmission of undisclosed STI. Settlement obtained
- Contractor in builders lien claim against homeowner for carpentry work on home. Settlement obtained.
- Contracting company against major courier company for damage to company tools and equipment and lost revenue after courier truck drove over contractors’ property
- Client in divorce matter defending claim by former lawyer for payment of alleged $40,000.00 debt for unpaid legal fees Claimant lawyer discontinued proceeding. Client paid nothing
- Teacher in seeking damages for wrongful dismissal against private school who terminated her in bad faith. Settlement obtained for teacher.
- Concrete company in builders lien claims against homeowners and contractors for failure to remit payment for concrete delivered to job sites
- Homeowner in action against electrical contractor to compensate for undoing and repair of deficient work. Settlement obtained from contractor.
- Group of beneficiaries of estate to serve as Administrator of estate
- Creditor pursuing claim. Obtained default judgment
- Coop member defending against eviction. Eviction defeated
- Debtor being pursued by credit agency
- Creditor with court order. Obtained warrant for arrest of debtor
- Creditor with court order. Obtained Canada-wide warrant for arrest of debtor
- Persons defending a claim for damages from alleged assault
- Patient of dentist suing for unsatisfactory work
- Client of law firm sued for non-payment of fees. Obtained order setting aside a default judgement
- Son defending against false accusation of elder abuse. Accusation defeated
- Widow owed monies by mill owner. Obtained payment of nearly $300,000 through garnishment procedures
- Accountant who was not paid his wages. Obtained judgment for over $100,000
- Money transfer firm threatened with closure of bank accounts. Applied for injunction. Bank accounts kept open
- Teacher pursuing years of litigation over pension benefits. Obtained the pension benefits with a lifetime value of over one million dollars
- Person sued for online defamation. Defended our client and resolved by settlement with no monies paid
- Parties facing contempt of court hearing and substantial costs following loss in court with another lawyer. Defended and settled all matters before deadline
- Company in suit over wrongful domain name registration and trademark infringement by a competitor. Obtained payment for damages
- Businessman sued for operating a pyramid scheme
- Lender to recover money loaned. Obtained default judgment for $730,000
- Software developer in the Court of Appeal regarding an injunction, Gudaitis v. Abacus
- An estate in the Court of Appeal involving a joint account issue
- Owners of a gypsum mine regarding expropriation by the Provincial government
- A telephone company employee regarding wrongful dismissal
- The first wife against the estate of a billionaire ship owner who died without a will - Karlshoej v. Karlshoej
- Software developer in defence of a copyright infringement claim
- A technology consultant firm in claim for monies owed
- An estate to obtain an order for special costs
- Insurance company for loss
- Creditor pursuing Subpoena to Debtor applications. Placed debtor in jail three times
Family Law
Represented:
- Numerous spouses claiming divorce, child support, spousal support, parenting responsibility, parenting time, decision-making responsibility, division of assets, division of pensions, and family protection orders
- Spouses seeking separation agreements, cohabitation agreements and marriage agreements
- Numerous spouses in international divorce cases, involving marriages in Asia, USA and Europe, and spouses not resident in Canada
- Spouse seeking monetary penalty against other spouse for violating separation agreement by failing to consult on significant parenting decisions
- Spouses who have agreed on all aspects of divorce seeking joint family claim and desk order divorce
- Spouse applying to correct errors in final order of divorce
- Spouse applying to correct error in custody order to enable travel with child
- Spouse in application to release registration against land held by Family Maintenance Enforcement as security for payment of spousal support in exchange for payment of lump sum monetary security
- Spouse in application against Family Maintenance Enforcement to release monetary lump sum held as security for spousal support
- Foreign resident seeking to divorce US resident 20 years after marriage in Canada
- Grandmother seeking transfer of custody biological grandchild into her care by Director of Child and Family Services
- Couple seeking to undo adoption and arrange new placement for developmentally-challenged adoptive child
- Father in investigation by Child, Family and Community Services regarding report that son may be in need of protection because of allegations of abuse. Investigation terminated. Ministry found no need for protection.
- Husband seeking divorce before settlement of support and property division issues in order to enable remarriage to new wife
- Mother in applying for child support from father of developmentally-challenged child, and to limit father’s parenting time to supervised visits at care clinic for the safety of the child
- Mother in action to obtain custody and primary residence of child residing with father in United States
- Estranged father defending adult son’s claim against father, step-mother and Ministry of Children and Families for damages from alleged historical physical and psychological abuse. Settlement reached for nominal sum.
- Young woman in action for annulment of marriage
- Father resident in United States seeking primary residence and decision-making responsibility for children whom mother unilaterally moved to Canada
- Man in obtaining divorce of Thai wife evading service of court documents in Thailand. Divorce order obtained.
Landlord, Tenant, Co-op and Strata
Represented:
- Tenant being evicted. Eviction cancelled
- Tenant defending against damage claim. Claim defeated.
- Tenant defending against damage claim. Claim settled.
- Tenant defending against improper eviction.
- Landlord removing dishonest and destructive tenants.
- Landlord to evict tenant for damaging house
- Tenant defending against eviction. Obtained money for wrongful act of landlord.
- Tenant wishing to terminate tenancy as a result of failure by landlord to repair. Lese terminated.
- Landlord to evict tenant for damaging house.
- Landlord to evict tenant from suite in home for aggressive behaviour, damage to suite. Settlement reached. Tenant vacated suite.
- Commercial strata owner in dispute with Strata Corporation over unfairness of apportionment of special levy to commercial units, failure to replace windows, repair water damage, and repair common property
- tenants and landlords in matters involving claims of wrongful eviction, unpaid rent, failure to repair, water damage, emergency repair
- strata property owner in application by strata council to force sale of property to discharge debts to strata disputes with other owners and with strata council, strata by-law violations
- Co-op board of directors in terminating membership of a resident for conduct detrimental to the Co-op, breaches of good neighbour provision of Occupancy Agreement
- Co-op, breaches of good neighbour provision of Occupancy Agreement
- Co-op member in motion of board of directors to terminate membership of resident for alleged noise violations, aggressive behaviour and uttering threats
- Co-op member in motion of board of directors to terminate membership for alleged non-compliance with building and fire safety codes
- Co-op members in dispute with neighbours over alleged offensive and aggressive behaviour and board of directors’ resolution to terminate membership. Matter settled. Membership maintained
- Common-law spouse disputing without-notice early termination of tenancy by owner pursuant to fraudulent misrepresentation by other spouse. Tenancy and occupancy restored. Compensation for wrongfully evicted spouse obtained.
- Tenant in evicting subtenant roommates. Dispute settled. Subtenants vacated unit
- Tenant and owner of strata unit in Strata Council meeting regarding contraventions of by-laws and eviction of tenant
- Family in claim against religious guru for repayment of monies advanced for spiritual services to dispel evil spirits on the basis that non-payment would result in harm and death to their family. Settlement reached. Family recovered monies from guru.
- Tenant in action to compel landlord to perform repairs of apartment. Settlement obtain. Repairs performed.
- Business owner defending class action claim by clients against multi-level marketing business for operating pyramid scheme, false representations, breach of compensation agreements.
- Strata lot owners defending civil claim by neighbouring owners for alleged breaches of Building Code and bylaws in construction of home, and installation of drainage system and retaining wall. Settlement reached. No monies paid to claimants.
- Husband and wife in dispute between shareholders of family company in accounting, determination of ownership, and distribution of company assets
- Owner of lumber merchant company in contract debt claim by sauna products company for payment for shipment of lumber. Settlement reached.
- Strata lot owners in dispute with Strata Council over conditions of approval of in-suite alternations
Parole Matters
Represented:
- inmate in parole hearing regarding Corrections recommendation to revoke parolee’s statutory release
- inmate in parole hearing for detention review, Corrections application to detain inmate past statutory release date
- inmate in Corrections application to increase inmate security classification and change penitentiary placement
- paroled client in parole hearing on alleged breach of parole
Hunting and Fishing
Represented:
- hunters charged with hunting without a licence, hunting wildlife not within open season hunting during prohibited hours, carrying a firearm without a license, discharging a firearm in a no shooting area, hunting protected species, failing to report killing/wounding of wildlife, unlawful possession of dead wildlife, and trafficking wildlife
- commercial and non-commercial fishermen charged with exceeding the daily catch limit, use of illegal fishing gear, fishing in closed areas, fishing and setting traps during a closed time, fishing without a licence, possession of fish caught without a license, possession of fish caught during a closed time, and obstruction of a fisheries officer
- fisherman charged with selling or bartering fish caught without a commercial fishing licence; and possessing, storing and distributing fish without a license or exemption from being licensed
- hunter charged with discharging firearm in no shooting area, hunting without a licence, killing wildlife during prohibited hours, and failing to report killing/wounding of wildlife
- hunter appealing cancellation of license and ineligibility to obtain licence
Administrative law and judicial review
Represented:
- Tenants seeking judicial review of decision of Residential Tenancy Branch to uphold eviction for landlord’s use
- Tenants and landlords seeking stays (suspensions) of decisions of the Residential Tenancy Branch pending resolution of judicial review
- Parents seeking to overturn decision of Mental Health Review board panel regarding discharge of teenage son from care unit and medication regime
- Nurse facing professional conduct complaints made by manager to BC College of Nurses
- Occupational therapy client applying to Health Professions Review board for review of disposition of professional conduct complaint against occupational therapist by College of Occupational Therapists of BC
- Physiotherapy client applying to Health Professions Review board for review of disposition of professional conduct complaint against physiotherapist by College of Physical Therapists of BC
- Patient pursuing professional conduct complaints against doctors to College of Physicians and Surgeons
- Family of elder gentleman being confined and abused by daughter to obtain intervention from Health authority and facilitate gentleman’s travel to return to home country
- Scientist and business owner seeking review by Federal Court of denial of application for biotechnology project funding by Sustainable Development Technology Canada
- Veterinarian defending claim of discrimination by employee for sexual harassment
- Physiotherapy client applying for judicial review of decision of Health Professions Review Board professional conduct complaints against physiotherapists to College of Physical Therapists of BC
- Amateur sports team in application to sports league to end suspension of team from league play
- Animal owner in action against SPCA for damages for wrongful seizure and retention of dogs and livestock animals
- Immigration consulting firm in dispute with former client over fees and work performed
- Veterinarian in investigation by College of Veterinarians of BC of allegations of verbal abuse and disparagement of staff
- Hotel employee in Human Rights claim against employer hotel for discrimination on the basis of mental disability arising from management failure to accommodate disability. Employee received settlement from hotel.
Criminal Law
Represented:
- Husband accused of domestic assault of wife. Found not guilty at trial.
- Husband and father accused of drug possession. Absolute discharge. No criminal record.
- Woman with psychiatric disorder accused of public assaults on strangers. Charges dropped by Crown.
- Ex-boyfriend accused of criminal harassment of and uttering threats against ex-girlfriend. Crown dropped charges during trial.
- Elderly gentleman accused of sexual assault at a retail store. Conditional discharge.
- Assault defendant accused of breach of probation. Found not guilty at trial.
- Businessman accused of sexual assault of passenger on an airplane. Crown dropped charges in exchange for agreement to obtain counselling.
- Parents of deceased woman pursuing private prosecution of drunk driver for manslaughter and dangerous driving causing death of daughter
- Man attending court on other charges accused of willfully obstructing a police officer after violent altercation with courthouse security guards. Conditional discharge.
- Casino patrons accused of theft and fraud relating to casino funds. Funds returned, no jail time.
Appeals
Represented:
- Spouse in appeal of divorce trial decision relating to excluded property
- Author in defending appeal of trial decision over alleged breach of contract
- Spouse in appeal of divorce trial decision relating to spousal support, parenting time, parenting responsibility, decision-making, and division of property
- Spouse in removing appeal of divorce trial decision from inactive list
- Fishermen in appeal of conviction and sentence for fisheries offences
- Appeal of Canada Border Services Agency seizure of items
Transportation Law
Represented:
- Passenger injured on board aircraft
- Party outside of Canada sued after motor vehicle accident
- Surviving passengers of Queen of the North sinking in class action
- Aircraft passenger injured on board aircraft. Obtained damages for physical injury, psychological injury and spoiled holiday
- Persons injured in motor vehicle accidents
- Family members of persons killed in aircraft crashes. Wrongful death claims
- Passenger injured by items falling from aircraft overhead compartment
ICBC Matters and Motor Vehicle Law
Represented:
- Persons injured in motor vehicle accidents
- Family members of persons killed in aircraft crashes. Wrongful death claims
- Driver rear-ended suffering whiplash
- Pedestrian hit carrying groceries across street at crosswalk
- Mother and child’s car hit by motorist
- Numerous drivers and passengers injured in motor vehicle accidents, including hit-and-run, rear-ending collisions, and low-velocity impact collisions
- Company whose foreign-licensed worker caused accident with company truck
- Drivers facing breach of insurance due to intoxication
- Drivers facing breach of insurance due to expired license
- Drivers facing breach of insurance for making a false statement to ICBC
- Driver facing wrongful death claim and breach of insurance after colliding with bicyclist
- Driver facing wrongful death claim and breach of insurance after colliding with commercial truck driver
- Driver applying to ICBC and Road Safety BC to be re-licensed to drive and to remove Interlock condition to enable use of employer company’s trucks
- Driver facing fraud investigation over alleged false and misleading statements to ICBC
- Drivers with expired insurance (uninsured drivers)
- Drivers with expired or invalid drivers’ licenses
- Drivers in single-driver accidents who have collided with parked cars or city property
- Drivers defending civil claims by other drivers for personal injury and vehicle damage
- Drivers defending claims by ICBC for reimbursement of funds paid out to other parties for personal injury and vehicle damage
- Driver challenging RoadSafety BC determination regarding medical fitness to drive