Greg Allen

PARTNER


A former national intercollegiate debating champion, Greg can win any argument except in his marriage, where 15 years of losing arguments have taught him the value of a negotiated resolution.

Prior to founding Allen / McMillan, Greg clerked at the British Columbia Court of Appeal and practiced for eight years at one of the top rated litigation boutiques in Canada. He maintains a broad civil and commercial litigation practice, with particular expertise in shareholders' remedies, defamation, municipal law and administrative law. He also maintains an appellate advisory and appellate advocacy practice, appearing regularly at the British Columbia Court of Appeal. He has made nine appearances at the Supreme Court of Canada (seven as lead counsel), including as counsel for the City of Nelson in Nelson (City) v Marchi, 2021 SCC 41, the leading Canadian case on the tort liability of public authorities. Greg also acts as mediator for a variety of complex civil and commercial disputes.

Greg is active in the legal community, acting as a volunteer lawyer for Access Pro Bono’s Court of Appeal Program, serving as a member of CBA British Columbia’s Advisory Committee to Judicial Council, speaking and writing on a variety of topics at continuing legal education seminars, and sitting as a member of Employment and Assistance Appeal Tribunal.

In his spare time, to the extent that there is any, Greg serves his community as a board member at Collingwood Neighbourhood House, a Law Society nominee to the Hamber Foundation’s Board of Governors, a regular volunteer at Mission Possible, and a middling soccer coach.


Education

  • LLB (UVic, 2007)

  • Called to the bar of British Columbia (2009)


Recognition


Significant Cases

    1. Blokhuis v Mission Possible and others, 2023 BCHRT 197: represented the respondents and successfully applied, on a pro bono basis, to strike a human rights claim against the CEO and employee of the respondent non-profit organization in their personal capacities.

    2. Bajwa v BC Liberal Party, 2022 BCSC 194: represented the petitioner in seeking a short notice injunction to prevent the release of the results of the BC Liberal Party leadership race due to voting irregularities.

    3. Sunrise Resources Ltd. v Chief Inspector of Mines, 2022 BCEAB 16: represented the Chief Inspector of Mines in an appeal from an administrative monetary penalty levied against the appellant mining company.

    4. Joseph v Dzawada’enuxw (Tsawataineuk) First Nation, 2013 FC 974: represented, on a pro bono basis, a First Nations individual living off reserve in a successful challenge to his First Nation’s voter registration rules on the basis of the equality provisions of the Charter.

    1. Plaza 500 Hotels Ltd. v SRC Engineering Consultants Ltd., 2024 BCCA 288: represented the appellant in an appeal from the dismissal of the appellant’s underlying claim for want of prosecution.

    2. R v Johnston, 2016 BCCA 3: represented the appellant in an appeal from a murder conviction arising out of a “Mr. Big” sting operation.

    3. R v Van Kessel Estate, 2013 BCCA 221: represented the appellant in an appeal relating to the constitutionality of certain provisions of the Controlled Drugs and Substances Act following an order that the appellant’s property was forfeited to the government.

    4. Canadian Forest Products Ltd. v Sam, 2013 BCCA 58: represented a forestry company in an appeal from injunctions granted to stop the blockade of timber harvesting operations.

    5. Ruloff Capital Corporation v Hula, 2013 BCCA 514: represented the appellant in an appeal on a jurisdictional issue within a broader corporate dispute involving a litigation funding agreement.

    6. Hawkeye Power Corporation v Sigma Engineering Ltd., 2012 BCCA 414: represented the appellant in an appeal from a trial judgment relating to the ownership of “run of river” hydroelectric power projects in the Toba Inlet.

    7. CLS Catering Services Ltd. v Mahil, 2010 BCSC 1441, aff’d 2011 BCCA 321: represented the respondent in an appeal regarding the disqualification of counsel due to an alleged conflict of interest in a complex commercial dispute.

    8. R v Gaines, 2010 BCCA 524: represented the appellant in an appeal from conviction based on an alleged failure of the trial judge to issue adequate reasons for decision.

    9. Mathew v Delta School District #37, 2010 BCCA 233: represented the appellant in an appeal relating to discovery of potentially privileged documents within the context of a personal injury action.

    1. Represented a major Vancouver hotel in a claim against its third-party hotel management company alleging inadequate performance of management services.

    2. Represented a fiberoptic installation contractor in a multi-million dollar claim against a major telecommunications company.

    3. Represented a landowner in a claim relating to a land assembly and subdivision joint venture.

    4. Represented a helicopter logging company in a claim relating to log delivery and log booming.

    5. Represented a major North American non-profit organization in a claim against a third-party software provider.

    6. Represented a high-end residential construction firm in a claim against a former client relating to non-payment of invoices.

    7. Represented a publicly traded Canadian mining company in a claim against a Chinese joint venture partner relating to a significant nickel mining asset.

    1. Liang v Barnard, 2023 BCSC 219: represented Vancouver based investors in an energy drink company and a related farming business in successfully defending an application to stay the claims against certain defendants on jurisdictional grounds. See also Liang v Barnard, 2022 BCSC 924 for a related application to stay the claims on the basis of an arbitration clause contained in a shareholders’ agreement.

    2. Kang v Nijjar, 2022 BCSC 1717, aff’d 2023 BCCA 262: represented a commercial lender in a 9 day trial defending a claim from a former borrower, as well as responding to an appeal from the dismissal of the borrower’s claim.

    3. Goel v Sangha, 2022 BCSC 1476: represented a joint venture participant in successfully opposing an appeal from an arbitrator’s award in a multi-party arbitration.

    4. Garcha Bros Meat Shop v Singh, 2022 BCCA 36: represented a franchisee in an appeal from a short notice injunction prohibiting the franchisee from carrying on business as a result of the franchisee’s alleged breach of a non-competition obligation.

    5. Pollock v Tonca, 2021 BCSC 1446: represented the plaintiffs and successfully opposed an application for summary judgment by a defendant in a claim arising out of an alleged breach of an investment agreement.

    6. Hirakawa v Bonner et al., 2021 BCSC 2387: represented the plaintiff and obtained a short notice injunction to prevent the defendants from voting shares subject to a claim by the plaintiff from being voted at an upcoming annual general meeting of the subject company.

    7. Trustees of the BC Transit Employees’ Health and Benefit Trust v Enkelmann, 2021 BCSC 11: represented a disabled BC Transit employee in a claim seeking the return of long term disability payments made to him.

    8. Chhina v Darnell, 2020 BCSC 1871, rev’d in part 2021 BCCA 430: represented the plaintiffs/respondents and obtained a successful determination of liability in a claim involving the failed purchase of a law firm by the two plaintiff lawyers from the defendant firm owner.

    9. Cheung v Raegon Properties Ltd., 2020 BCSC 1271: represented two corporations and their director and successfully opposed an injunction application seeking to prevent the buyout of the plaintiff unit holder’s interest in a partnership whose assets totaled approximately $150 million.

    10. Ezhkov v Mashevich, 2020 BCSC 733: represented the vendor of a private education business in a claim brought by the purchaser alleging breach of the purchase agreement and a related management agreement, culminating in a 16 day trial.

    11. PC Bang v Klar Enterprises, 2019 BCSC 759: represented a commercial tenant in a 12 day trial, resulting in a substantial damages award against the landlord for improper distraint of the tenant’s goods.

    12. Nguyen v Dang, 2018 BCSC 382: represented the plaintiffs obtained judgment at trial on behalf of the plaintiff homeowners against their residential construction contractor.

    13. Shi v Duan, 2017 BCSC 2002: represented a respondent and successfully applied to have significant portions of the petitioner’s pleading struck, and to cancel the certificate of pending litigation filed by the petitioner, in an oppression proceeding.

    14. Wang v Yu, 2017 BCSC 1076: represented the defendants in applying to cancel a certificate of pending litigation, and opposing the granting of a Mareva injunction, in a complex, multi-jurisdiction commercial proceeding.

    15. Price v 481530 B.C. Ltd., 2016 BCSC 1940: represented a Vancouver-based business in a claim made by a former employee in wrongful dismissal and oppression, culminating in a 31 day trial.

    16. 1254859 Ontario Ltd. v Golden Anvil SA de CV, 2016 BCSC 1086: represented a Mexico-based mining company in an application by a British Columbia-based mining company seeking to prevent the defendant from distributing shares over which the plaintiff had advanced a claim.

    17. Skeena Resources Ltd. v Eilat Exploration Ltd., 2016 BCSC 1076: represented a publicly traded mining company and applied to extend a quia timet injunction preventing the defendant from transferring or pledging shares that were subject to a pooling agreement.

    18. Park v Canada Korea Foundation, 2014 BCSC 1382: represented a contributor to a politically-adjacent non-profit seeking the return of his donation to the non-profit, culminating in a six day trial.

    19. Haghdust v BC Lottery Corporation, 2013 BCSC 16: represented the British Columbia Lottery Corporation in an application to certify a class proceeding relating to the “voluntary self-exclusion” program at British Columbia casinos.

    20. Lee v Georgia Properties Partnership, 2012 BCSC 1484: represented the defendants and successfully opposed the certification of a class action brought by the purchasers of residential units in a downtown Vancouver development.

    21. Low v Baja Mining Corp., 2012 BCSC 1380: represented the plaintiff and successfully opposed an application to set aside a pre-judgment garnishing order obtained in a claim brought by a former employee against a publicly traded mining company.

    1. Hudson v Myong, 2020 BCSC 517: represented a plaintiff in a 10 day defamation trial in which the plaintiff’s claims were successful, and over $100,000 in damages was awarded to the plaintiff.

    2. Lyncaster v Metro Vancouver Kink Society, 2019 BCSC 2207: represented the plaintiff and successfully resisted one of the first anti-SLAPP applications brought in British Columbia under the Protection of Public Participation Act.

    3. Chase v Anfinson, 2018 BCSC 856: represented a defendant in a 6 day defamation trial in which liability was admitted by the defendant, and the plaintiff sought over $700,000 in damages. Damages of $2,200 were awarded.

    4. Wilson v Williams, 2013 BCCA 471: represented the appellants in an appeal from a finding that the appellants were liable in defamation on the basis that the trial judge had erred in not finding that the statements in question were protected by absolute privilege.

    5. Hunter v Chandler, 2010 BCSC 729: represented a municipal councilor in a defamation claim brought by a volunteer member of a municipal committee.

    1. Revelstoke (City) v Gelowitz, 2023 BCCA 139: represented the City of Revelstoke in an appeal from an adverse trial judgment in a multi-million dollar personal injury matter.

    2. Held v Sechelt, 2021 BCCA 350: represented the District of Sechelt in an appeal relating to the duty of care owed by an approving officer who authorized a major subdivision that later had subsidence and ground movement issues.

    3. Rai v Sechelt, 2021 BCCA 349: represented the District of Sechelt in an appeal from a chambers judgment relating to the effect of covenants registered against title by a local government.

    4. PSD Enterprises Ltd. v New Westminster (City), 2011 BCSC 436: represented the City of New Westminster in a 17 day trial relating to alleged misrepresentations by city planning staff to a local business owner.

    1. Bajwa v Bajwa, 2024 BCSC 1428: represented the parents of a spouse in a family law dispute, where a claimant was seeking an interest in the parents’ real property.

    2. Deissner v Boorsma, 2023 BCCA 476: represented the purchasers of real estate in an appeal from the dismissal of their claim against the vendor at the trial level.

    3. Roberts v Kassam, 2023 BCSC 1111: represented the purchaser of real estate in a claim to remove charges against title and compel the transfer of the subject property to the purchaser.

    4. Linten Developments Ltd. v Kirschner Mountain Estates Ltd., 2022 BCSC 1470: represented a residential real estate developer in a complex claim against a property vendor and various service providers, culminating in a 27 day trial.

    5. Dykes v Gambling, 2021 BCSC 938, aff’d 2022 BCCA 309: represented a landowner in a claim relating to an easement between adjacent parcels of real estate, as well as responding to an appeal from a successful outcome at the trial level.

    6. Pink v 0957765 B.C. Ltd., 2019 BCSC 1684: represented a Vancouver-based real estate developer in a 19 day trial against real estate agents seeking a commission for a real estate purchase that did not complete.

    7. Peng v Wang, 2018 BCSC 1231: represented a defendant and resisted the summary determination of a complex commercial dispute involving the purchase of multiple strata lots.

    8. Dalpadado v North Bend Land Society, 2018 BCSC 835: represented members of the respondent society advancing an oppression claim against the society and seeking a declaration of certain proprietary rights.

    9. Farm Credit Canada v Grewal, 2017 BCSC 1210: represented two individuals and obtained a short notice injunction preventing the forced sale of the respondent’s property in the context of a foreclosure proceeding.

    10. Aulakh v Nahal, 2017 BCSC 1000: represented the purchaser of a multi-million dollar real property in a claim against the vendor seeking specific performance of the contract of purchase and sale.

    11. Goel v Dhaliwal, 2015 BCSC 2305: represented two defendants and successfully stayed a claim relating to a land assembly joint venture in favour of arbitration, pursuant to an arbitration clause in the applicable joint venture agreement.

    12. Roop v Hofmeyr, 2015 BCSC 1755: represented landowners seeking a declaration of easement over a portion of their neighbour’s property which was necessary to provide safe access to their property.

    1. Ontario (Attorney General) v Working Families Coalition (Canada) Inc. (decision presently under reserve): Represented the British Columbia Civil Liberties Association in an appeal relating to the constitutionality of electoral spending restrictions.

    2. R v Edwards, 2024 SCC 15: represented the British Columbia Civil Liberties Association in an appeal relating to the constitutionality of military tribunals.

    3. British Columbia (Attorney General) v CCD, 2022 SCC 27: represented the West Coast Prison Justice Society in an appeal relating to public interest standing on constitutional challenges.

    4. Marchi v Nelson (City), 2021 SCC 47: represented the appellant City of Nelson in the leading Canadian case on the tort liability of public authorities.

    5. Uber Technologies v Heller, 2020 SCC 16: represented the Community Legal Assistance Society in the leading case on unconscionability in contracts of adhesion.

    6. R v RV, 2019 SCC 41: represented the Ending Violence Association in an appeal relating to the limitations placed on the cross-examination of sexual assault complainants at trial.

    7. R v Boudreault, 2018 SCC 58: represented the British Columbia Civil Liberties Association in an appeal relating to the constitutionality of mandatory victim surcharges for offenders.

    8. R v Bradshaw, 2017 SCC 35: represented the British Columbia Civil Liberties Association in an appeal relating to the substantive reliability analysis in the principled exception to the rule against hearsay.

    9. R v Safarzadeh-Markhali, 2016 SCC 14: represented the West Coast Prison Justice Association in an appeal relating to the constitutionality of statutory provisions denying enhanced credit for pre-sentence custody.

    10. MM v USA, 2015 SCC 62: represented the British Columbia Civil Liberties Association in an appeal relating to principles governing the extradition of a Canadian national to face criminal charges in a requesting state.

    1. Bevan v Husak, 2023 BCSC 304: represented a defendant and successfully struck claims made against  them on the basis that the claims disclosed no reasonable cause of action.

    2. Pang v Nowakowski, 2021 BCCA 478: represented an injured person appealing the award of damages made following her personal injury trial on the basis that the damages awarded by the trial judge were insufficient.

    3. Jalava v Webster, 2017 BCCA 378: represented, on a pro bono basis, a disabled individual appealing the summary dismissal of his tort claim by a judge in chambers.

    4. Sooparayachetty v Fox, 2010 BCSC 185: represented a defendant in a successful jurisdictional motion on a complex, multi-party tort claim.

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