Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 137
Ken McEwan, K.C. successfully led the defence of a claim by owners of a residential development against the developer and adjacent property owners for additional parking stalls in a shared underground parking facility.
The claim was dismissed after a summary trial. Ken McEwan, K.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., Ken and Emily Kirkpatrick were successful in obtaining special costs against the plaintiff s for conduct including joining executives of the corporate defendants as defendants based on an improper allegation of breach of fiduciary duty, and otherwise seeking to bring illegitimate commercial pressure to bear on the defendants through the proceedings.