Joe practices litigation and dispute resolution, with a particular focus on complex corporate commercial litigation.
He has represented public and private companies of all sizes in a broad range of industries. Joe’s experience includes litigating contract disputes, shareholder and partnership disputes, professional liability claims, real estate disputes, complex construction disputes, proxy fights, and securities litigation.
Joe has acted as counsel at both the trial and appellate level, having appeared before the BC Court of Appeal, the BC Supreme Court and the Alberta Court of Queen’s Bench. He has also acted as counsel before arbitration panels and administrative tribunals, including the BC Securities Commission, and has negotiated favorable outcomes for clients by way of alternative dispute resolution methods such as mediation.
In his spare time you can find Joe scuba diving with his underwater camera, hiking in the mountains or hacking his way around a golf course.
- Counsel for the developer One West Holdings Ltd. in the successful prosecution of a 34-day trial to recover a commercial parking area unlawfully seized by a strata corporation. The case makes new law on two points: developers do not owe fiduciary duties to condo purchasers; and a legal structure used in BC to allocate tens of thousands of parking stalls is valid and binding.
- Counsel for Concord Pacific Acquisitions Inc. in the successful defense of a five-day summary trial application brought by the owner of the Plaza of Nations land, who sought dismissal of CPAI’s claim for damages (estimated to be in excess of $100 million) arising from an alleged breach of a contract to jointly develop the Plaza of Nations land in Vancouver.
- Represented Alternative Earth Resources Inc. in the successful appeal of two judgments which had found that the company and its directors had oppressed a minority shareholder, Jaguar Financial Corporation, by pursuing the acquisition of a private company called Black Sea Copper & Gold and by defending a proxy contest launched by Jaguar, who sought to take control of the company. The appeal decision preserved the present management of the company and is now a leading BC authority on the disclosable interests of directors and the oppression remedy.
- Lead counsel for 1397225 Ontario Limited, a company controlled by the Ontario Teachers Pension Plan, in the recovery of unpaid principal, interest and legal costs from the guarantors of a $2.6 million mortgage loan.
- Lead counsel for a mineral testing and analysis laboratory in the successful resolution of a complex negligent design dispute with the design-build contractor for its state-of-the-art laboratory in British Columbia.
- Represented a UK-based chartered accountant and “qualified executive” in the dismissal of a claim in British Columbia, alleging negligence and breach of his fiduciary duties, on the basis that the courts of England were the more appropriate forum for the dispute.
- Lead counsel for a Quebec-based heavy equipment manufacturer in the dismissal of a claim brought by a customer in British Columbia on jurisdictional grounds (unreported).
- Counsel for a real estate investor in a confidential arbitration proceeding to resolve a partnership dispute regarding the operation of a commercial office building in British Columbia.
Publications and Presentations
- Counsel Comment, Jaguar Financial Corporation v. Alternative Earth Resources Inc., 2016 BCCA 193 (June 2016, Take Five British Columbia Edition)
- Counsel Comment, Barafield Realty Ltd. v. Just Energy (B.C.) Limited Partnership, 2015 BCCA 421 (November 2015, Take Five British Columbia Edition)
Professional and Community Involvement
- Member, Canadian Bar Association
- Member, Vancouver Bar Association
- Member, The Advocates’ Society
Year of Call
- British Columbia, 2013
- JD, University of Toronto, 2012
- BA, History, University of British Columbia, 2009