Corporate / Commercial and Estate Litigation

Practice Areas

We are proud to offer our clients a wide range of legal services that include the following:

  • Business Law
  • Corporate / Commercial and Estate Litigation
  • Family Law and Litigation
  • Personal Injury, ICBC, Wrongful Death
  • Real Estate Law
  • Wills, Estates & Trusts

We provide a wide range of litigation services that span Corporate/Commercial and Estate litigation. Our services in Corporate/Commercial Litigation include:

  • Contract and Tort Disputes
  • Foreclosure and Collections
  • Construction and Builders Liens disputes
  • Real Estate and Commercial Tenancy Disputes
  • Corporate Governance Matters and Shareholder Disputes
  • Defamation and Intellectual Property Disputes
  • Estate Litigation
  • Mediation and Arbitration

Our Corporate/Commercial Litigation team includes Jon Goheen, Gene Fraser, John Campbell and Scott Payne.

Our civil litigators represent both plaintiffs and defendants in a wide range of business and personal disputes. This includes but is not limited to business disputes, construction disputes, foreclosure, real estate and commercial tenancy disputes, and resolution in a wide range of other business or personal disputes. Our team members are experienced in developing litigation strategy appropriate to your situation and they will give you a realistic appraisal of your chances of success and what you can expect to encounter if going to court is an option you are considering.  Similarly, if you are faced with having to defend a court action our team can help. We’ll assess your case and talk to you about possible options for responding, resolving the dispute or defending the claim being brought against you.

Our lawyers advise clients on litigation options and are experienced representing clients in trials, hearings, tribunals, arbitrations, and mediations.  Members of our firm have appeared before all levels of court in British Columbia.

Litigation is only one of a range of possible courses. CBM Lawyers believes in creative problem solving in order to work toward the best possible result for a client. Where court or formal proceedings are the only realistic option we will guide you through the litigation process, help you make decisions about your case and represent you during the proceedings.

  Services for Business

Construction and Builders Liens Disputes

At CBM Lawyers we assist with all aspects of construction law disputes including:

  • Contract/construction interpretation and disputes
  • Filing and removal of builders’ liens
  • Claims against owners or contractors
  • Construction delays
  • Damages from poor workmanship or design
  • Construction payment collection disputes or challenges
The construction business is complicated and inherently involves some risk. Delays cost money. Legal issues can resolve disputes quickly, but often lead to more delays. It is important to determine the best solution for each situation to minimize negative impact to your project.

Contract and Tort Disputes

Contracts outline an agreement between people or businesses. Contracts generally outline duties and responsibilities, and may identify the remedies that will be used in case one or the other party breaches their contractual duties (for example, the contract might require mediation or arbitration).

Tort disputes involve instances where one party was harmed or injured due to the actions of another where harm can be caused intentionally but is more often a produce of negligence.

We regularly assist our clients with determining how best to pursue a resolution. Sometimes, a strongly worded letter from your lawyer will provide suitable results. For some matters, a negotiated compromise might be in order. Other circumstances may require a full-scale court battle or arbitration. Each situation is different and must be assessed base on the merits of the case, the determination of the other side, and the lasting effects of a decision.

Corporate and Society Governance Matters and Shareholder Disputes

Business disputes can occur at any time, but those involving the business structure and management relationships of a business can be particularly challenging. Such disputes often put a hold on company business as the very foundation of an organization is in the balance.

Disputes between shareholders, directors and business partners can arise for a variety of reasons. Examples might include disagreements over company direction or development, disagreement over company actions, or simply due to poor personal relationships between the parties. Disputes can also arise due to conflicts of interest, when owners or managers might have interests in another business.

We advise majority and minority shareholders all aspects of shareholder and other business disputes, or potential disputes. Our clients in this area have included private and public corporations, societies and partnerships. We’ve also assisted with claims under the oppressions sections of the Business Corporations Act, and in derivative actions. It is not uncommon for our firm to be asked to review shareholder agreements in advance of signing to identify potential gaps and areas for concern.

We work closely as appropriate with members of our business law group. We are also experienced in dispute resolution through other means (such as mediation).

Debt Settlement

More info coming soon.

Defamation and Intellectual Property Disputes

At CBM Lawyers, we can assist in defamation cases and intellectual property disputes.

We are experienced in both internet defamation matters and domain name and website disputes. We can also assist in relation to copyright and trademark claims, as well as passing off claims.

Foreclosure and Collections

CBM Lawyers can assist with all areas of foreclosure and collection, including commercial loans (such as through a bank or investment company) and loans taken on for the sake of a business (such as credit cards, mortgages, unpaid invoices, trade credit, etc.) We also advise clients regarding bankruptcy and foreclosure issues, which are sometimes the only way to collect amounts owing.

It can be challenging to collect on owed amounts without the assistance of a lawyer. We regularly help a wide range of clients with services in this area. Examples include banks, private investors, and businesses of a wide range of sizes.

We assist clients in examining a range of options, and then choosing the best method of resolution. For smaller amounts, Small Claims court might be the best plan of action. For debts where a continuing relationship is needed, a negotiated payment program may be better suited. For larger debts that repayment is more critical than an ongoing relationship, a full legal challenge may be more appropriate.

Let us help you to determine and pursue the right collections strategy for your situation.

Mediation and Arbitration (Business)

Not every dispute is best resolved by going to court. In many cases alternative dispute resolution is a viable option and can provide a faster and cheaper solution to a legal dispute than a protracted trial. The advantage – you can get on with your business and your life. John Campbell services as a mediator and arbitrator. He works closely with both our Business Law group and our Litigation group to provide mediation and arbitration services as a viable option for our clients.

For more information, please visit our Mediation and Arbitration page.

Real Estate and Commercial Tenancy Disputes

At CBM Lawyers we provide advice regarding real estate issues and commercial tenancy disputes. We have represented clients during all phases of trial, in arbitrations and mediation, and on appeal.

Our firm has experience in acting on behalf of landlords and commercial tenants in commercial tenancy disputes. This has involved agreement interpretation, lease terminations, relief from forfeiture, damages for breaches of a lease, rent reviews and a range of other disputes.

  Services for Individuals

Defamation and Intellectual Property

At CBM Lawyers, we can assist in defamation cases and intellectual property disputes.

We are experienced in both internet defamation matters and domain name and website disputes. We can also assist in relation to copyright and trademark claims, as well as passing off claims.

Discrimination

More coming soon.

Estate Litigation

Our Services in Estate Litigation include:

  • Contesting the validity of a Will
  • Varying a Will under the Wills, Estates and Succession Act
  • Estate Administration Disputes
  • Committeeship Applications
  • Breach of Duty Claims under a Power of Attorney or Representation Agreement
  • Trust Litigation Involving Ownership of Assets
Our Estate Litigation team includes Gene Fraser, Jon Goheen, Steve Burton, John Campbell and Scott Payne.

We advise clients on matters involving contested estates. In these situations time limits are often critical, so if issues concerning the administration of an estate or distribution of assets to beneficiaries arise, call us as soon as possible. We advise and represent clients in estate litigation matters including actions to contest or vary a will, estate administration disputes or other disputes involving the Wills, Estates and Succession Act or the Estate Administration Act, and trust litigation involving ownership of assets, such as bank accounts and real property.

In the event that court proceedings are necessary, we are equipped to handle contested estate matters either in the courts or through mediation.

Mediation and Arbitration (General)

For more information, please visit our Mediation and Arbitration page.

Our Corporate/Commercial and Estate Litigation Team

How can we help?

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Disclaimer: Confidential or time-sensitive information should not be sent through this form. If you have an urgent matter please call 604-533-3821. Please note that using this form for communication with the firm or a CBM lawyer does not create a solicitor-client relationship.

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Business / Corporate / Commercial Testimonials

Scott is an exemplary attorney. I have had the good fortune of working with Scott early on in my business career, when expert opinion was crucial, yet the finances to hire an expert opinion seemed to be a high cost. Scott proved to provide my business the essential services that my business needed. Performing all required due diligence, contracts review, and other more sophisticated business organizational set up, with utmost professionalism, speed, and budgetary considerations. I continue to use Scott for all my business legal requirements.

D.K.

Scott was extremely helpful in guiding our company through a complex process of repurchasing shares from ten outside shareholders, and in subsequently developing a shareholder agreement for five partners within a streamlined corporate structure. I particularly appreciated Scott’s rare ability to keep legal documents both clear and concise, and to explain necessary legalese in non-technical language.

D.M.

During our time with Scott, we have closed over 50 share and asset purchases across Canada, representing the hiring of over 600 employees and involving aggregate sales of more than $152 million dollars. Scott has proven throughout these many years to be a knowledgeable and valuable asset to our team. He has demonstrated a great balance between the technical aspects of a transaction and the business realities that allow for a successful deal to be transacted.

T.Q.