2022 BCSC 801

Over 35 plaintiffs brought a complex action against the defendant developer, Anderson Square, and its directors, for wrongful termination of their pre-sale agreements to purchase condominiums in a luxury 110 unit residential strata building in Richmond BC. Prior to trial, the plaintiffs sought a “Mareva” injunction freezing the assets of Anderson Square until the conclusion of the trial. The plaintiffs asserted that absent such an order, Anderson Square would be free to sell the units in the nearly completed building to other purchasers and distribute the profits of the development to its shareholders, leaving nothing to pay any potential monetary award to the plaintiffs at trial. Brent, as lead counsel, was successful in having the plaintiffs’ application dismissed in its entirety on the basis that, among other things, the plaintiffs had not established an arguable case on liability nor properly quantified their alleged losses.

This British Columbia Supreme Court personal injury claim was commenced as a result of a motor vehicle accident that occurred in June 2018. At trial, Allyson Edwards and Alexandra Severn acted for the plaintiff, David Simpson, seeking compensation for the injuries and damages sustained by David in / as a result of the accident. After assessing David’s injuries, medical treatment costs, and overall impact on his life, Madam Justice Hardwick made an award for general damages ($75,000), income loss ($100,864), future cost of care, special damages, and costs.

Chris Hart acted as lead counsel for the Plaintiff, Brent Morgan, in a trial against the Township of Spallumcheen (“Spallumcheen”) for compensation arising from Spallumcheen’s without-notice tax sale of his property. Mr. Morgan claimed that he should be awarded damages equal to the fair market value of the property as of the date of trial, while Spallumcheen argued that Mr. Morgan should be awarded damages equal to the fair market value of the property as of the date of his property’s conveyance after the tax sale, where the difference in the contested figures was $190,000.00. The Supreme Court agreed with Mr. Morgan’s arguments, and awarded him approximately $360,000.00, which represented the fair market value of the property as of the date of trial.

2022 BCSC 793

Over $1,300,000 awarded at trial to plaintiff injured in horrific dirt biking accident: Mr. Jackson sustained significant injuries when riding his dirt bike on a private road, near his parents’ rural property. The occupier of the property had strung a metal chain across the road, with no signage or indication that it was present. Mr. Jackson did not see the chain, and collided with it at speed. The collision with the chain resulted in both arms being broken, a shattered pelvis, a cracked eye socket, a concussion, and nerve damage to his right leg. Mr. Jackson was in hospital for over 2 months both locally and in Vancouver after numerous surgeries and a lengthy rehab stay.

Mr. Jackson was only 26 years old when the accident happened, was in very good health and working as a journeyman crane operator. At the time of trial he was 30 years of age and still working in his profession but his employment opportunities have been greatly reduced due his injuries. The court found that he was stoic by nature and has carried on with his life and responsibilities through sheer grit, perseverance, stubbornness and necessity.

After granting default judgment early on in the trial after an application by plaintiff counsel, for failure of the defendant to comply with court orders and failure to make discovery of documents, the trial proceeded only for assessment of damages, which were awarded at $1,353,616.88 including $800,000 for loss of future earning capacity. The trial was conducted by James Cotter.