Business disputes can put owners, shareholders and operations at serious risk. Our commercial litigation team understands your competitive environment and your goals. We'll respect your need to negotiate an early agreement or go all the way to trial and beyond.
Our lawyers offer sharp insight and extensive expertise to ensure that matters are resolved efficiently and effectively.
We represent clients in mediations, at arbitrations, in hearings and in court every day. We understand that litigation can be costly, and we respect the fact that some of our clients want to resolve matters quickly and privately.
Our approach to dispute resolution begins with the premise that a matter will go to trial. The best litigation strategies anticipate every angle, twist and turn that may crop up if a dispute is argued before a judge and possibly a jury. Our lawyers strategize from the strongest possible position, regardless of whether the issues are resolved before or after court.
Our group has significant experience working with large corporations, medium-sized firms and owner-operated companies. Client needs served include:
- contractual disputes;
- shareholder disputes, including oppression remedies and derivative actions;
- securities litigation;
- real estate litigation;
- construction litigation, including builders’ liens actions;
- estate litigation;
- employment litigation;
- products liability litigation;
- enforcement of security, including foreclosures and debenture holders’ actions; and
- municipal disputes.
- 担保权的行使，包括行使抵押权及债券持有人诉讼; 以及
- Representation in mediations and arbitrations.
- Representation in court hearings and in trials, including appellate work.
- Negotiating contract disputes including those involving leases, finance, employment and international issues.
- Work involving libel and slander, including protection from the risks associated with defamation.
- Negotiating with debtors, creditors and collecting debt on behalf of businesses. Includes Companies' Creditors Arrangement Act matters, and issues relating to insolvency and foreclosures.
- Injunctions, which are sometimes necessary to prohibit proceedings such as purchase and sale of businesses.
- Representation in shareholder disputes, including oppression remedies, disputes over distributions and share structure, and family and inheritance issues.
- Representation for directors and officers of companies whose assets are at risk or who are held responsible for major loss.
- Obtaining civil search warrants on behalf of clients involved in litigation, including obtaining electronic evidence.
- • 在诉讼过程中，代理客户获得民事搜查令，包括获取电子数据证据。
- Defending BC businesses against foreign judgments.
- Helping BC businesses find trusted lawyers in other jurisdictions worldwide through our membership in TAGLaw international.
Typical Situations 典型事例
- A business partnership dissolves after 20 years, and disputes arise over who gets which assets, including investments, trademark rights and client portfolios.
- A local manufacturer purchases a unique component for a large piece of machinery from a supplier in Europe. The supplier, however, shuts down its business, leaving the manufacturer in jeopardy of losing the machinery orders he pre-sold.
- A British Columbia mining company is accused of violating several statutes, including tax and tariff regulations, in another country. Expansion is inhibited and shares are devalued.
Litigation Support & E-Discovery Services
Because of its intangible form, transience and volume, electronic information needs to be treated differently than its paper counterparts.
To make matters even more challenging, the data is saved in multiple forms and in multiple places — from traditional file storage to email servers, the Web, smartphones, and other locations. When litigation arises, the task of preserving, collecting, processing, and reviewing this data can be daunting and expensive.
The Litigation Support & E-Discovery Services Department works in tandem with our lawyers in managing all electronically stored information data files and large-scale litigation. Our litigation support professionals manage the technical challenges of the e-discovery life cycle, which allows our lawyers to focus on reviewing and presenting the most relevant documents.
The investigative processes associated with e-discovery can be more complex and time-sensitive than in other legal matters. Using our proven and cutting-edge technologies, our litigation support professionals identify key documents and facts to assist our lawyers in developing the strongest possible case In addition, our Litigation Support & E-Discovery team advises on data management issues before litigation arises and provides efficient and economical solutions to control e-discovery costs after litigation develops.
- Data management strategies
- Metadata discovery and analysis
- Data remediation
- Litigation support and dispute resolution
- Information organization
- Records & risk management
Notable Cases 案例圈点
- Defended a BC business in a three-week trial against allegations of breach of contract, unjust enrichment and misappropriation of funds.
- Defended a Crown Corporation against allegations that it had caused a plaintiff’s initial public offering to fail – a case that involved an alleged $30 million in damages.
- Acted on behalf of a large securities firm in an Alberta-based dispute. Our client was granted the entire $500,000 debenture sought.
- Obtained an Anton Piller order (civil search warrant) and worldwide Mareva injunction in a contentious matrimonial dispute involving numerous foreign judgments and assets.
- Represented a law firm in a Legal Profession Act hearing over the enforcement of a significant contingency fee agreement. This case also involved the valuation of a large business.
- Represented the liquidator of a charitable organization in ground breaking litigation to sell properties to satisfy outstanding claims for sexual abuse perpetrated by individual Christian Brothers at the Mount Cashel orphanage in Newfoundland. The liquidator ultimately made a recovery of $19 million by way of settlement.
- Represented defendants in litigation following the collapse of two large financial institutions: Eron Mortgage Corporation and the Legion Credit Union.
Directors and Officers Liability
- Represented the plaintiff in an oppression trial over shares in a company that owned a successful taxi business and significant hotel assets. This case also involved a large business valuation.
- Represented the founder of a technology company in an oppression proceeding relating to the use of anti-dilution shares.
- Represented Kuehne & Nagel International at the Supreme Court of Canada in a landmark decision that allows third parties to claim the benefit of an exclusion clause in a contract to which they were not a party. This case also explored the boundaries between contract and tort law, and is recognized as the seminal decision in the ongoing debate concerning vicarious liability.
- Represented an employer before the Supreme Court of British Columbia and the British Columbia Court of Appeal concerning vicarious liability for an independent contractor.
- Represented the defendants in the combined trial of corporate oppression and derivative actions in Discovery Enterprises v. Ebco Industries.
- 在开创性的诉讼中，代理慈善组织的清算人申请出售有关物业，以偿付纽芬兰的凯袖山（Mount Cashel）孤儿院遭基督兄弟会个人成员性侵受害人的索赔。清算人最终通过和解方式收回了1900万加元。
- 在埃隆抵押贷款公司（Eron Mortgage Corporation）和览众信合（the Legion Credit Union）两家大型金融机构倒闭后的诉讼中担任被告律师。
- 代理德迅国际 (Kuehne & Nagel International) 参加加拿大最高法院的诉讼。该案中，加拿大最高法院做出了一项里程碑式的裁决，允许非合同一方的第三方诉求合同中的责任排除条款的利益。该案也探索了合同法和侵权法之间的界限。在关于雇主责任的论辩中，该案目前仍被公认为开创性的案件。
- 在Discovery Enterprises 诉 Ebco Industries一案中，法庭将反欺压股东案和股东代位诉讼案进行了合并庭审，我们在庭审中代理被告。
25 Lawyers Recognized as Leaders in their field by Benchmark Canada® 2022
Harper Grey recognized as "Consistently Recommended" in the area of Litigation – Commercial Insurance by Canadian Legal Lexpert Directory®, 2019-2023
Harper Grey lawyers receive 58 rankings from Best Lawyers® in Canada 2022
Harper Grey receives 51 rankings from Best Lawyers® in Canada 2021
Harper Grey recognized as a "Leading Law Firm" regionally in the area of Commercial Litigation by Chambers Canada®, 2020-2023
24 Harper Grey lawyers recognized for litigation expertise by Benchmark Canada®, 2021
Harper Grey receives highest firm ranking as a “Highly Recommended” local litigation law firm in British Columbia from Benchmark Canada® 2014 - 2021
John Sullivan recognized as a "Leader in His Field" in the area of Dispute Resolution (British Columbia) by Chambers Canada®, 2016-2020
19 Harper Grey lawyers recognized as “Leading Practitioners” by Canadian Legal Lexpert Directory®, 2021
29 Harper Grey lawyers recognized across 15 specialty areas by Best Lawyers® in Canada, 2020
Harper Grey recognized as a "Leading Law Firm" regionally in the area of Dispute Resolution by Chambers Canada®, 2017-2020
Martindale Hubell® recognizes 13 Harper Grey lawyers across 27 practice areas
Harper Grey receives the TAGLaw Membership Award of Distinction acknowledging 15 years of outstanding service, 2017
Harper Grey recognized as a Top 10 Regional Firm in British Columbia, Alberta and the Territories by Canadian Lawyer Magazine, 2012 and 2014
“is particularly active representing clients hailing from the financial services, pharmaceutical and natural resources sectors” “also advise clients on shareholder disputes, bankruptcy proceedings and fraud allegations.”
“Vancouver-based team is acclaimed for its specialist offerings in the fields of securities litigation and professional liability.”
“a popular choice in British Columbia for single-plaintiff and class action litigation, being well equipped to resolve disputes for clients of all sizes, from individuals to multi-national companies”
“They were amazing to work with! They were incredibly competent and resolution based. They kept me centered in the midst of the storm and got me a great result in very short time frame.”
“Harper Grey has a 100-year-old profile in this market,” testifies one senior-level peer, adding, “but the talent there now is mostly all younger than me!”
"They are very strong technically and can be aggressive in a positive way, as well as personable."
John Sullivan and Salman Bhura "truly saved my life through my case! I had no choice but to trust them and they exceeded my expectations. They were outstanding at navigating and guiding me at a time that was like climbing Mount Everest. They worked endlessly to get me a quick resolution. I’m so grateful to them.”
"The Harper Grey team is a well-oiled machine. All the lawyers I deal with are well-trained and hardworking. They communicate well and are always available for questions."
"Roselle Wu is an outstanding lawyer in many respects. She is extremely knowledgeable, easily gains the trust of her clients, and has the respect of the courts as well as opposing counsel and clients."
“It’s lawyers have a sense of wanting to help their clients, provide successful results and make their community a better place.”
“The team as a whole was wonderful and of immense assistance.”
“Appreciate their ability to marshal a variety of resources quickly and efficiently.”
“Incredibly strong skill set, knowledge of litigation and strategic, and keen ability to solve problems.”
“These lawyers are all subject matter experts, and leader in their field, whose knowledge and skill are matched by their excellent client service.”
“Una is an extraordinary lawyer. She keeps us up to date, provides excellent and pragmatic advice, and knows us and our legal issues. She also has incredible judgment and memory."
"Una Radoja has a very broad depth of environmental and contract law."
“This team has provided outstanding legal service. They are prompt, responsive, and communicative. They are strong strategists and provide well researched, experienced legal advice. We work with many firms, and Harper Grey stands out. One member of the team remembers every interaction, memo, pleading and document. They understand a very complicated file and address it with ease and candor. We very much appreciate their strong advocacy.”
“The firm is top notch. They have many lawyers specialized in medical defense work who are highly skilled in their legal acumen and practice management, but who also recognize the importance of carrying out their work in a practical, results-oriented manner. They actively look for ways to more efficiently partner with their clients for effective management of the work, while at the same time not weakening their excellent service delivery, their responsiveness, or their effectiveness in the work.”
“The firm’s lawyers are principled and have deep integrity. Their work is thorough and of consistent high quality.”
“Excellent response time, good talent from junior and intermediate to senior levels and reasonable service costs.”
“A Vancouver staple, Harper Grey is perhaps the most BC-centric of the “highly recommended” firms, owing largely to the firm’s bench strength in several key areas.”
“There was insight and nuance in how John Sullivan handled the case. He did it masterfully.”
“Harper Grey is one of the best firms in Vancouver. They have excellent service, knowledge and their cost structure is excellent.”
“Rod Anderson is lauded for his enthusiastic client following and his track record of success.”
“Every day it seems like I am dealing with someone at Harper Grey, and I always find them professional, courteous and effective.”
“Peers vouch for Bryan Baynham’s acumen, addressing him as “a worthy opponent, good on his feet, very skilled and seasoned.”
“They exceeded all my expectations. I am very satisfied with their work and very happy to recommend them.”
“John Sullivan attracts praise from market commentators for his ‘diligent and knowledgeable’ approach to a wide range of commercial matters.”
“Harper Grey has niches, and in those niches they are the best of the best.”
“One source enthused about John Sullivan ‘His service to the client was exceptional’.”
“A lawyer who refers work to Harper Grey wrote it has ‘great service, a breadth of practice and I have never received a negative comment from referrals to the firm’.”
“Bryan Baynham has a strong presence and remains active and upbeat. I always seem to have something going with him, confirms one peer.”
“Rod Anderson – he’s got a reputation for success, he’s got a client following, and he just wins.”
“The firm has real quality people, and they’ve put three people on the bench there in six years.”
“Recognition remains vibrant for firm figurehead Bryan Baynham, a veteran of commercial law as well as niche areas such as real estate, defamation, media and privacy.”
“Harper Grey lawyers are ‘dedicated to their clients and focused on finding and implementing practical solutions for them. The lawyers are prompt, intelligent and insightful, and provide a high level of customer service’.”
“Bryan Baynham exemplifies the ways in which this firm has set itself apart. He attends to a variety of practice areas that he has really cornered a market on, like aviation and also defamation and media law.”
“Harper Grey is a trial lawyer’s firm, and they’ve got a big deep bench of well-trained litigators.”
“Harper Grey has a stellar pedigree as a litigation firm, and they’ve put a ton of people on the bench, observes one peer.”
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