In Pan Afric Holdings and The Executive Inn Hotels General Partnership v. Athabasca Holdings Ltd., 2018 BCCA 113, Ken McEwan, Q.C. and Owen James were successful for the appellant hotelier and developers. The Court of Appeal held that the Supreme Court had erred in determining that the appellant’s action was barred by res judicata and constituted an abuse of process. The underlying action related to existing restrictions between owners of adjoining development properties, and the effect of resolution of a separate dispute between the parties concerning joint plans for future development.
This case has been featured in the April 2018 edition of Take Five, British Columbia (On Point Legal Research Publication). You can view counsel’s comments at Take Five British Columbia April 2018