Law 19
August 2–8, 2011 Business in Vancouver
Trouble
DISCIPLINE •
The Investment Industry Regulatory Organization of Canada
A Hearing Panel of the Investment Industry Regulatory Organization of Canada (IIROC) has found that Melaney Phillips violated IIROC rules by making unsuitable recommendations and discretionary purchases in client accounts, performing client services for which she was not qualified and selling some of her own shares to a client without ensuring the client obtained the shares at the best available price, the regulator announced July 21. Specifically, the panel found that, contrary to IIROC rules, Phillips: •recommended and purchased securities for two clients even though, in both cases, the investments were unsuitable for each client’s investment objectives and tolerance for risk; •made unauthorized discretionary purchases in a client account; •prepared tax returns for two clients and charged a fee for those services, without prior approval from her firm and without any formal training or designation, which constitutes conduct unbecoming and detrimental to the public interest; and •recommended and purchased shares for a client account from her own personal holdings. In doing so, she failed to advise the client that she had an interest in the transaction, which is conduct unbecoming and detrimental to the public interest. She also failed to take reasonable steps to ensure her client received the best available price for the shares, contrary to the Universal Market Integrity Rules. The violations occurred in 2007 and 2008, while Phillips was a registered representative with the Kelowna, British Columbia branch of Canaccord Genuity Corp., an IIROC-regulated firm. IIROC began its formal investigation into Phillips’ conduct on February 20, 2009. Phillips is no longer registered with an IIROCregulated firm.
•
The Law Society of British Columbia
A Law Society of British Columbia (LSBC) discipline hearing panel has ordered a one month suspension for Delta lawyer Denovan T. Hill, the regulator announced July 22. Hill released funds in a real estate transaction that were sent to him in trust before he fulfilled conditions on which he received those funds, LSBC said. The misconduct is called a
“breach of undertaking” (breaking a promise) and is considered serious by the Law Society. Complying with undertakings is of fundamental importance to the practice of law. Hill was fined for a similar breach in 2007 and the hearing panel considered this an aggravating factor in coming to its conclusion to suspend him.
BUYER’S ALERT Companies listed below,
which are not members of the Better Business Bureau, have failed to respond, as of March 18, 2011, to Better Business Bureau of Mainland B.C.’s efforts to mediate complaints from July 11, 2011, to July 15, 2011. In some instances, the company may have taken care of the complaint and considered the matter closed, or may believe the complaint is unjustified; however, if the BBB has not received a response, records cannot reveal either position. Please note that BBB members must respond to customer complaints that are brought to their attention. Source: BBB. Abdul’s Contracting, Delta Across Canada Van Lines Inc., Vancouver Bella Pierre, West Vancouver Chateau Homes, Richmond Jadco Consultants Ltd., Cloverdale Jensen Appliance Services, Kelowna Kikara Martial Arts Academy, Burnaby Langley Food Stop, Langley Longliner Seafoods Ltd., Vancouver Mintu’s Towing, Abbotsford Monkey Puzzle Landscaping, Summerland More Than Designs, Kamloops Mr Cool Ice Cream Ltd., Surrey Nova Group West, Burnaby Paula Arsens Kitchen Design, Vancouver Peoples Card Services, Vancouver Tutor Doctor, Coquitlam Ultima Risk Solutions Inc., Surrey Urban Plumbing/Heating Ltd., Vancouver The following companies have responded to the BBB subsequent to being published: Coastal Ford Sales Ltd., Burnaby Smart Energy (BC) Ltd., Abbotsford
Who’s Getting Sued These corporate writs were
filed with the B.C. Supreme Court registry in Vancouver. Information is derived from notices of civil claim. Civil claims have yet to be proven in court. Defendants: Tristar
Industries Ltd. and BCMC Capital Ltd. Partnership and BCMC Capital II Ltd. Partnership and Tri Van Holdings Ltd. and North Shore Leasing Ltd. and Ricoh Canada Inc. and HSBC Canada and Dell Financial Services Canada Ltd. 1100–925 W. Georgia St., Vancouver and 2610–1066 W. Hastings, Vancouver and 1100–925 W. Georgia St., Vancouver and 1321 Johnston Rd., White Rock and 2300–550 Burrard St., Vancouver and 885 Georgia St., Vancouver and Box 49314, 595 Burrard St., Vancouver Plaintiff: Canadian Western Bank 100–666 Burrard St., Vancouver Claim: $1,644,140 for debt related to a loan agreement; a declaration the security is enforceable; a declaration the security may be enforced by sale of the collateral; orders; the appointment of a receiver manager; and orders. Defendant: Springford Patrick Law Corp. 8–1540 Springhill Dr., Kamloops Plaintiff: Zhizhong Chen 490–1177 W. Hastings St., Vancouver Claim: $1 million that was wired to the defendant for a potential investment that never took place. Defendant: Paragon Holdings (Smithe St.) ULC Box 49290, 1000–595 Burrard St., Vancouver Plaintiff: IBI/HB Architects 1800–401 W. Georgia St., Vancouver Claim: $681,364 for debt related to design work related to a casino and hotel project in Vancouver. Defendants: Sander van der Vorm and Vorm Developments Ltd. 306 Water St., Vancouver Plaintiff: Darrell Tomilson 490–1177 W. Hastings St., Vancouver Claim: $300,000 arising from an agreement regarding the introduction of a potential business partner or business opportunity; or, damages. Defendant: EXPC Technology Inc. 1688–4500 Kingsway, Vancouver Plaintiff: Bank of Montreal 1600–925 W. Georgia St., Vancouver Claim: $225,638 for debt related to an overdraft. Defendants: The Grand Street Cat Clinic Ltd. and Loridawn Fawcett 7330 Horne St., Mission and 7442 Grand St., Mission Plaintiff: The Bank of Nova Scotia 2900–550 Burrard St.,
Vancouver Claim: $165,849 for debt related to a business loan. Defendant: E. Neil Kornfeld 1100–505 Burrard St., Vancouver Plaintiff: Tuka Financial Corp. 400–1245 W. Broadway, Vancouver Claim: $160,000 for debt related to a shareholder capital demand. Defendant: Fourth Millenium Enterprises Ltd. 706–602 Hastings St., Vancouver Plaintiff: Blumer GMBH 2900–595 Burrard St., Vancouver Claim: Euro110,339 for breach of contract related to a jewelry sale. Defendant: Quantum Seafoods Ltd. Address unavailable Plaintiff: Voyager Seafood Ltd. 215–8600 Cambie Rd., Vancouver Claim: $106,411 arising from the cancellation of a contract for geoducks; and an order. Defendants: Zen Hua Yang and Xuan Yu P6640 Riverdale Dr., Richmond Plaintiff: 3 Dimension Construction Group Inc. 1654 Kingsway, Vancouver Claim: $105,688 for work and materials related to a renovation. Defendant: Brad Galagan Address unavailable Plaintiff: Coleman Heating & Air Conditioning 20840 Lougheed Hwy., Maple Ridge Claim: $97,124 for loss of business and advertising costs arising from Galagan using Coleman’s two former phone numbers and passing off his business as Coleman’s; and the immediate return of the two telephone numbers. Defendants: Henry Marine International Ltd. and Darryl C. Henry Box 1600, 201–156 Morison Ave., Parksville Plaintiff: Royal Bank of Canada 2300–550 Burrard St., Vancouver Claim: $51,364 for a loan; a declaration that the RBC is entitled to a charge on a vessel and the present and acquired personal property of Henry Marine; a declaration that the general security agreement and mortgage are in default and all monies secured thereby are due and owing; orders; and an appointment of a receiver of the collateral. Defendants: Squamish Ocean Point Limited Partnership and Samuel D. Hanson Address unavailable
Plaintiff: 310047 B.C. Ltd. 800–885 W. Georgia St., Vancouver Claim: $50,880 against the defendants for legal services provided by Clark Wilson LLP; and $5,698 against Hanson. Defendant: Afshin Taheri 5833 Nancy Greene Way, North Vancouver Plaintiff: Travelers Guarantee Company of Canada 2500–650 W. Georgia St., Vancouver Claim: $50,490 for debt and breach of an indemnity agreement. Defendants: Sander van der Vorm and Mark Kwasnicki and McKinley Masters Group Inc. 306 Water St., Vancouver and 8544 47th Ave. NW, Calgary and 406–510 18th Ave. SW, Calgary Plaintiff: Darrell Tomilson 490–1177 W. Hastings St., Vancouver Claim: $50,000 for an introduction fee for finding Sander van der Vorm a potential business partner; and an order. Defendants: Shanming Li and Rose Wang Address unavailable Plaintiff: Today Interiors Inc. 3000–1055 W. Georgia St., Vancouver Claim: $46,478 for interior design services; and a builders lien for $46,478. Defendants: Tom Yule dba Tya Performance aka Performance Parts Center 19889 Fraser Hwy., Langley Plaintiff: Motor State Distributing Inc. 440–319 W. Pender St., Vancouver Claim: $40,449 for debt related to a credit agreement for auto parts and accessories. Defendants: Edward Jones Contracting Ltd. and Edward Darrin Joseph Jones 33066 First Ave., Mission and 8070 Guest Terrace, Mission Plaintiff: Roynat Inc. 300–666 Burrard St., Vancouver Claim: $37,986 for debt related to a lease agreement. Defendant: Kip Brown Tricking Ltd. 4766 Michigan Ave., Powell River Plaintiffs: Trustees of the IWA-Forest Industry Pension Plan and Trustees of the IWA-
Forest Industry Ltd. Plan 150–2955 Virtual Way, Vancovuer Claim: $37,343 in favour of the trustees of the IWA-Forest Industry Pension Plan for unpaid reported pension plan contributions; $9,662 in favour of the trustees of the IWA-Forest Industry Ltd. Plan; or, an order; accountings; an order; a declaration that all unpaid pension plan contributions are held in trust by the defendant for the benefit of the members of the pension plan; damages; and an accounting. Defendants: NYK Autotech Repairs Ltd. and Julito Aclan and Terisita Aclan aka Terisit Aclan and Benigno Lopez and Amelia Lopez aka Amelia Urbi Lopez 208–4940 No. 3 Rd., Richmond and 6936 Balmoral St., Vancouver and 6081 Sprott St., Burnaby Plaintiff: Business Development Bank of Canada 200–505 Burrard St., Vancouver Claim: $17,699 for a business loan. Defendants: Darlene Gail Paterson and Justin James Paterson and Richard Patrick Langille and Jo-Anne Leah Smallenberg and John Doe and Jane Doe 15508 86 Ave., Surrey and 15512 86 Ave., Surrey Plaintiff: British Columbia Hydro and Power Authority 333 Dunsmuir St., Vancouver Claim: $14,570 for theft and conversion of diverted electricity used to power a grow-op; and damages. Defendant: Claude Labelle 32811 Gatefield Ave., Abbotsford Plaintiff: Paine Edmonds LLP 1100–510 Burrard St., Vancouver Claim: $7,395 for legal services. Defendant: Her Majesty the Queen in right of the Province of British Columbia, represented by the Minister of Transportation and Infrastructure Address unavailable Plaintiff: Utzig Holdings (B.C.) Ltd. 3000–1055 W. Georgia St., Vancouver Claim: Compensation and damages pursuant to the Expropriation Act arising
www.dorsey.com Suite 1605 Pacific Centre | 777 Dunsmuir St P.O. Box 10444 | Vancouver, BC V7Y 1K4
tel: 604-687-5151