Wes McMillan recognized in 2022 Edition of The Best Lawyers in Canada™

One of our partners, Wes McMillan, was recently included in the 2022 Edition of The Best Lawyers in Canada™ for his work in Real Estate Law. Wes is honoured to be recognized by his peers in the legal community. Congrats Wes on this incredible recognition!

You can learn more about Best Lawyers, a peer review publication and a source of legal referrals, on their website.

Wes McMillan Writes Chapter in BC Civil Trial Handbook

AMLC’s Wes McMillan is the proud author of “Preparing Documentary Evidence in a Civil Case”, a chapter in the latest edition of the British Columbia Civil Trial Handbook released on July 1, 2021. The handbook is prepared annually by leading advocates in BC and can be found online at the Continuing Legal Education Society of British Columbia: https://store.cle.bc.ca/productdetails.aspx?title=British-Columbia-Civil-Trial-Handbook-ONLINE&pid=4276500.

We're hiring!

We are a nine lawyer litigation boutique with a focus on civil and commercial litigation, and we are looking for a mid-level associate to join our growing team.

We pride ourselves on our advocacy skills, and strive to get our junior lawyers in court and on their feet as much as possible.  Since our firm opened in June 2018, the lawyers at our office have been counsel on five appeals at the Supreme Court of Canada, nine appeals at the BC Court of Appeal, well over a dozen trials and arbitration hearings, and countless chambers applications.  When we say we offer the opportunity to develop your advocacy skills, we mean it.

The successful candidate will be well-organized with good writing skills, and will not take him or herself too seriously.  We have a tight-knit group that works well together and looks after one another.  The successful candidate must play well with others and treat staff with the utmost respect.

Interested applicants should send their resume to greg@amlc.ca.  Cover letters are a scourge and merely serve to waste your time.  We don’t need one from you.

Interviews will be conducted on a rolling basis, so if you are interested please apply as soon as possible.

Wanda Simek wins real estate commission hearing

On April 22, 2021, the British Columbia Supreme Court released their decision in Well Sing Property Development Ltd. v. MacDonald Platinum Marketing Ltd. (2021 BCSC 755). AMLC’s Wanda Simek represented MacDonald Platinum Marketing, a real estate brokerage firm specializing in the marketing of pre-construction residential developments, in a contractual dispute with the developer, Well Sing, over real estate commissions. 

The contract in question provided that Well Sing would pay Platinum commissions in exchange for marketing and sales services. Platinum provided these services, and successfully sold out 100% of the development in one day, at the highest price point per square foot ever achieved in Richmond for similar projects. 50% of the commissions were paid out by Well Sing; however, Well Sing advised that it would not authorize the other 50% of commissions pending the determination of a separate negligence claim against Platinum. This claim alleged that Platinum had undervalued the units in the development and sold them at a value lower than they were worth. 

At this hearing, Wanda successfully argued that Platinum had fulfilled its contractual obligations, and was contractually entitled to the commissions that had been earned upon the successful closing of each contract of purchase and sale. The court agreed that the developer was not entitled to tie up the commissions pending the determination of its negligence claim against Platinum, and had no equitable grounds to withhold payment as prejudgment security. The court ordered that the commissions be paid out to Platinum and also awarded Platinum its costs of the application. 

Congratulations Wanda!

Liam Babbitt and Suzy Flader win 2-day small claims trial

On March 31 and April 1, 2021, Liam Babbitt and Suzy Flader appeared in the British Columbia Provincial Court representing the defendant, a realtor, in Hoang v Luo. The claimant sought a portion of their realtor’s commission on the basis of an alleged oral agreement.

At the conclusion of the claimant’s case, Liam and Suzy brought an application to dismiss the claim on the basis of section 4 of the Real Estate Services Act, which bars unlicensed or non-exempt people under the Act from receiving remuneration in relation to providing real estate services. The court agreed that the alleged oral agreement was caught by section 4 of the Real Estate Services Act and dismissed the claim. The court also found that on a balance of probabilities the claimant failed to prove that an oral agreement was reached. We congratulate Liam and Suzy on their victory!

Wes McMillan and Kaitlyn Meyer win shareholders’ and directors’ dispute

Wes and Kaitlyn acted for a businessman, who, along with a disbarred lawyer, established and grew a marina in Richmond, BC, beginning in 1965. The parties’ relationship deteriorated until eventually, they agreed it should end. They each filed an oppression claim under the Business Corporations Act (“BCA”). Before the matter was heard, the opposing party passed away. In a 9-day hearing, the court examined a multitude of issues, including whether the parties were in a partnership, whether they each engaged in oppressive conduct under the BCA and ultimately, what remedy would be just and equitable in the circumstances.  

The court ruled in favour of AMLC’s client and dismissed the opposing party’s petition. It concluded that the parties’ relationship was that of shareholders under the BCA and not a partnership. Further, the court found that the opposing party’s conduct was oppressive and that, in the circumstances, his estate should purchase the client’s shares in the business. After examining competing expert reports, the court valued the client’s shares at $1.45 million.

For more information on this case, visit Short v Ewachniuk, 2021 BCSC 994. For more information on Allen / McMillan’s shareholders’ and directors’ disputes practice, please contact Wes at wes@amlc.ca or Kaitlyn at kaitlyn@amlc.ca.