FEATURED CASES

Manning v. Dhalla, 2019 BCSC 1067
Ken McEwan, Q.C. was recently successful in having the British Columbia Supreme Court grant a rare mistrial order, in a judge-alone trial and following reasons for judgment had initially been issued: Manning v. Dhalla, 2019 BCSC 1067. In the underlying litigation, the plaintiffs claimed that the defendant referred them to a Ponzi scheme while concealing ...
The Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corporation, 2019 BCCA 145
As appeal counsel, Ken McEwan, Q.C. and Emily Kirkpatrick were successful in arguing that the decision of the trial court declaring a parking agreement entered into between a developer and the plaintiff strata’s predecessor in title was unenforceable and should be overturned. While, for reasons given in the companion case of The Owners, Strata Plan ...
Este v. Esteghamat-Ardakani, 2018 BCCA 290
At the close of the plaintiff’s case at trial, Ken brought a combined no-evidence and abuse of process application on the basis that the plaintiff’s position claiming beneficial ownership of assets she had previously disclaimed in a family proceeding constituted an abuse. A unanimous division of the Court of Appeal upheld the trial judge’s decision. ...
Norkum v. Fletcher, 2018 BCSC 904
In Norkum v. Fletcher, 2018 BCSC 904, the plaintiff and the defendant were in an eight year relationship. The plaintiff alleged that he had been deceived by the plaintiff as to her feelings for him, and that the defendant had been unjustly enriched by receiving a salary, gifts, and other financial benefits during their time ...
Tresoro Mining Corporation v. Mercer Gold Corp. (B.C.), 2018 BCCA 16
The Court of Appeal reversed a decision of the Supreme Court that had refused to lift a stay of proceedings imposed in 2011 pending completion of arbitration proceedings. The Court of Appeal held that a termination order imposed by an arbitral panel for non-payment of fees does not constitute a determination of an arbitral issue on ...
Kriegman v. Dill, 2018 BCCA 86
The Court of Appeal overturned the decision of the Supreme Court setting aside the registration of a judgment of a Washington  State Court against the respondent for over $1,550,000.  The judgment was in respect of returns received from a cross border Ponzi scheme engaged in by a third party and centered in Spokane, Washington.  The ...
Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 137
The claim was dismissed after a summary trial.  Ken McEwan, Q.C. was previously successful in the same action in having a certificate of pending litigation on the adjacent lands set aside: Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 94. Subsequently, in Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 1715., ...
Arkansas Teachers Retirement System v. Lions Gate Entertainment Corp., 2016 BCSC 432
Ken McEwan, Q.C. and Emily Kirkpatrick successfully defeated a shareholder application to bring a derivative action against current and former directors and officers of Lions Gate.  The proceeding arose out of circumstances surrounding the attempted takeover of Lions Gate by Carl Icahn in 2010. Ken McEwan, Q.C. previously acted for bondholders in the underlying proceedings ...
Unlu v. Air Canada 2015 BCSC 1453 aff’d 2017 BCCA 316.
In Unlu v. Air Canada 2015 BCSC 1453 aff’d 2017 BCCA 316, Craig Dennis, Q.C. and Owen James were successful in upholding, on appeal, the decision of the judge of first instance to deny certification of a class proceeding against an international airline. The underlying action sought to recoup amounts paid in respect of fuel surcharges in ...
Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2013 SCC 58
The case was awarded the National Impact Case of the Year by Benchmark and was one of the top 10 litigation cases of the year as listed by Lexpert.  See Sun-Rype Products Ltd. v. Archer Daniels Midland Company, 2013 SCC 58...

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