Meet Thea, our new Counsel!

Meet Thea! She joined AMLC as counsel in January. Thea has a diverse practice in administrative law, appellate advisory and advocacy, municipal law, and defamation. She also teaches as an Adjunct Professor at the Peter A. Allard School of Law. We’re excited to welcome Thea and her wealth of experience to the AMLC team.

Liam Babbitt successfully defends action to force the sale of a jointly owned property

Liam successfully defended an action brought by a co-owner under the Partition of Property Act (PPA) to force the sale of a jointly owned property.

Typically, when two parties equally own a property, either one can apply to the court to have it sold under the PPA. In this case, however, after living in a property for about a year, the co-owners decided to rent it out. The co-owners later separated and one of them brought an action to compel the sale of the property under the PPA. Liam established that in order to receive an order for the sale of a jointly owned property, a co-owner must have the right to immediate possession of the property. In this case, as the property was rented out, the court found that the co-owner did not have immediate possession of the property and was not entitled to an order for its sale.

For more information on this case, visit Benias v Lee, 2021 BCSC 2312 or contact Liam at liam@amlc.ca.

Greg Allen and Derek Ball win two Court of Appeal cases in one day

We are happy to announce an impressive achievement by Greg Allen and Derek Ball – two Court of Appeal victories in a single day, involving complex municipal law issues. Greg and Derek were tasked with defending a judge’s decision on one point in the case, and appealing the judge’s decision on a different point. In the first appeal, they successfully defended the judge’s conclusion that a municipal approving officer owes no duty of care to future purchasers of subdivided land. In the companion appeal, Greg and Derek successfully argued that a covenant on title registered under section 219 of the Land Title Act may include release terms, and that the release language in the subject covenant was sufficient to release the respondents’ claims against the District of Sechelt.

These two appeals are important developments in municipal law, as municipalities across the province routinely impose section 219 covenants as a condition of approving subdivisions. The Court of Appeal’s decision with respect to the availability of release language in section 219 covenants will provide important clarity and guidance for municipalities, developers and individual property owners going forward.

For more information on Allen / McMillan’s municipal law practice, please contact Greg at greg@amlc.ca.   

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.