Notable Cases

Our client was successful in having a Mareva injunction discharged. Under the Injunction, our client’s worldwide assets, up to $29,280,000, had been frozen.

The British Columbia Supreme Court set aside the Injunction due to material non-disclosure by the plaintiff in obtaining the original Order, and further held that the Injunction must be denied on a de novo reconsideration. The Court ordered special costs in favour of our client due to the plaintiff’s reprehensible conduct, as well as an assessment of damages claimed by our client as a result of the improperly obtained Injunction.

Our client is the developer of a large luxury mixed-use building located in Vancouver. For the past number of years it has been a defendant in a complex multi-party construction dispute, part of which has been proceeding as a class action. The client had a wrap-up liability insurance policy in place for the development that required the insurer to defend any actions alleging damage to property. The insurer denied coverage relying on an exclusion referred to as the “your work” exclusion. Shane and Devin successfully argued that the insurer had not met its burden to demonstrate to the court that this exclusion clearly applied to oust coverage. Justice Millman found that the duty to defend had been triggered and ordered the insurer to reimburse our client for all costs incurred to date to defend those actions and to prospectively cover all defence costs going forward as they are incurred.

Please see the reasons for judgment in KBK No. 11 Ventures Ltd. v. XL Insurance Company Ltd., 2022 BCSC 1652

The acquisitions were undertaken by way of two statutory plans of arrangement pursuant to section 288 of the British Columbia Business Corporations Act and section 192 of the Canada Business Corporations Act.

Shane represented Golden Valley and Abitibi in the court approval process, first obtaining the initial order approving the calling of the necessary shareholders meeting, setting the procedure for approval of the transaction, and providing for dissent rights.

Shane Coblin and Devin Lucas successful in having court declare an attempt to certify a class action, after years of delay, an abuse of the court process.

After approximately six years of delay, the Plaintiff in this putative class action sought to significantly amend its claim to expand the class definition, add new claims of negligence claiming damages for pure economic loss resulting from dangerous defects, and to add a number of new parties. Many of the claims were duplicative of other actions commenced at the instruction of the proposed representative plaintiff, and therefore the court found the amendments to be an abuse of process.

The British Columbia Court of Appeal agreed with the judge at trial that a $28.8 million contract of purchase and sale should not be enforced, being tainted by the illegality of the purchasers’ fraudulent conduct. While the trial judge found numerous instances of illegal conduct each rendering the contract unenforceable, the Court of Appeal considered it unnecessary to look beyond the conclusion that the purchasers had designed and used the contract and related lease to falsely inflate rent for financing purposes.

Cadillac Fairview Limited and its property, Pacific Centre mall, were unsuccessful in their efforts to stop the proposed redevelopment of 720 Beatty St., site of the Creative Energy steam heat plant which serves the energy needs of over 200 commercial and residential buildings throughout downtown Vancouver. Our clients, Creative Energy and Westbank Projects Corp., are teaming up to build a state-of-the-art office tower and entertainment facilities bridging Vancouver’s Yaletown district with BC Place Stadium.

Our client, Business Development Bank of Canada, had obtained judgment against the corporate debtors and an individual guarantor. After an examination of the guarantor to obtain information to satisfy these obligations, Lana Li successfully invoked a rarely-used tool called “equitable receivership” to gain access to a $6.2 million property.

Our client successfully resisted efforts by her deceased spouse’s brother to challenge their common law relationship and to challenge her right to administer her spouse’s estate. The case required the B.C. Supreme Court to consider time limitations, evidence to prove a common law relationship and whether notice of court applications are required in this case.

After a 78-day trial, the Supreme Court of British Columbia allowed our client to withdraw from a $28,800,000 contract for the sale of a large redevelopment site, due to the intended purchaser’s use of the contract for illegal purposes. This allowed our client to reap a nearly $50,000,000 increase in value.

In two decisions, the British Columbia Supreme Court refused multiple efforts by a residents’ association to halt a multibuilding, 258-unit project now called the Independent at Main. The project, developed by Kornfeld clients Rize Alliance (Kingsway) Properties Ltd. and Rize-Ayalaland Limited Partnership, has since emerged as the heart of redevelopment of the Mount Pleasant neighbourhood along the Broadway corridor, only minutes from downtown.