AMLC attends the Allard Law Career Fair

Kaitlyn, Wanda, and Nojan attended the Allard Law Career Fair on February 28th, and enjoyed speaking with 1L and 2L law students about the articling process and sharing their own experiences. 

As a firm that prides itself on creative thinking, commitment to excellence and advocacy skills, we seek to provide students with a challenging and dynamic learning environment. We also offer students opportunities to work closely with senior lawyers on all aspects of a file, including getting into court and on their feet right away. 

Thanks to all the students who stopped by our booth!

Wes McMillan and Nojan Kamoosi win commercial real estate trial

Wes McMillan and Nojan Kamoosi successfully represented the potential purchaser of a development site in North Vancouver.  The potential purchaser signed a contract to purchase the site from the defendant owners (a bare trustee and the beneficial owner).  As is common, the contract contained a provision allowing the purchaser to convert the land purchase to a share purchase.  The plaintiff elected to do just that.  For a variety of reasons, the deal did not complete, and the plaintiff sued for return of its $1.35 million deposit. 

The case turned on the corporate structure utilized by the defendant owners.  Wes and Nojan successfully argued that the contract was unenforceable because the parties to the contract did not own the shares to be purchased (exemplified by the latin maxim nemo dat quod non habet, or, one cannot sell that which one does not own), notwithstanding that the contracting defendants and owners of the shares had common directors and were prepared to give effect to the contract (i.e. sell the shares to the purchaser).  This case highlights the importance for parties to commercial contracts to carefully consider whether all of the persons to give effect to the contract are also parties to it.

To read the decision, visit 2024 BCSC 248. For more information on Allen / McMillan’s real estate litigation practice, please contact Wes at wes@amlc.ca and Nojan at nojan@amlc.ca.

Wes McMillan, Natalie Chan, and Mia Stewart win 19-day commercial real estate trial

Wes McMillan, along with AMLC’s Natalie Chan and Mia Stewart, as well as Nerissa Yan of Yan Muirhead LLP, obtained judgment for over 30 putative pre-sale purchasers. In 2015 and 2016, the plaintiffs entered into 32 pre-sale contracts for a development in Richmond, BC known as "AFLA".  In 2019, the developer purported to exercise a right to terminate those contracts, citing an inability to obtain constructing financing and a lawsuit that had been commenced by the general contractor against the developer.

Wes persuaded the court that the developer was dishonest in its performance of the pre-sale contracts and was not entitled to terminate them.  Wes also persuaded the court that the plaintiffs' damages should be determined as at the date they accepted the developer's breach of contract (August 2021), not the date of dishonest performance (July 2019).  The plaintiffs were awarded over $13 million in damages.

To read the decision, visit 2024 BCSC 216. For more information on Allen / McMillan’s real estate litigation practice, please contact Wes at wes@amlc.ca and Natalie at natalie@amlc.ca.

Happy 5.75 Year Anniversary AMLC!

“We were going to do this earlier, but we couldn’t get a date when we called in to reserve one.”

- WES MCMILLAN

AMLC was thrilled to celebrate our 5.75 anniversary on February 22nd with so many of our partners and supporters! It has been a fantastic couple of years, and we are grateful for the community behind us. If you were able to pop by, thank you for spending some time with us and for your incredible support!

Here's to many more years ahead and a 10 year anniversary party that is (mostly) on time!

Alina Chekh and Natalie Chan participate as Volunteer Judges at the Allard School of Law First Year Moot

AMLC's Alina Chekh and Natalie Chan participated as volunteer judges at the Allard School of Law First Year Moot on February 14th. As part of the Advocacy Course, all Allard Law first-year students, working in teams of two, argued a moot problem before a panel of volunteer judges.

This exercise provides an opportunity for students to learn the basic principles of written and oral advocacy and to develop their skills as advocates.

Supporting law students is important to AMLC and our lawyers are grateful for opportunities to contribute to the Vancouver legal community!

AMLC sponsors 47th Annual Women in Law Dinner

AMLC is proud to be a Gold Level Sponsor of the 47th Annual Women in Law Dinner held by the Allard Law Women’s Caucus. This dinner brings together Allard Law students, faculty, and the broader legal community for a night of community-building and celebration. It also stands to recognize the legal community’s advancements towards gender equality while drawing attention to the progress that remains to be made.

We look forward to attending this important and exciting event!