20 Law
Daily business news at www.biv.com August 2–8, 2011
Trouble from the plaintiff not being paid market value for expropriated lands; or, damages; and legal and appraisal costs pursuant to the Act. Defendant: Her Majesty the Queen in right of the Province of British Columbia, as represented by the Minister of Transportation and Infrastructure 1001 Douglas St., Victoria Plaintiffs: Zakria Zainuddin Ahmad and Rubeena Kaosir Ahmad Box 48600, 1200–200 Burrard St., Vancouver Claim: Compensation and disturbance damages pursuant to the Expropriation Act for losses arising from the transfer of lands; reasonable costs, expenses and losses directly attributable to the disturbance caused by the plaintiffs by the dedication of the lands; and damages. Defendants: Surinder Pal Gill and Harman Tile & Construction Ltd. and B.S.S. Excavating Ltd. 16212 92nd Ave. and 220– 7525 King George Blvd., Surrey and 5228 157 St., Surrey Plaintiff: Daniel Butt 17421 64A Ave., Langley Claim: Damages for injuries Butt sustained when he fell into an excavated chasm; and health-care costs. Defendants: Vicki Gould Holdings Ltd. d.b.a. Canadian Tire and Canadian Tire Corporation, Ltd. and Canadian Tire Real Estate Ltd. and Jane Does #1-2 1200–200 Burrard St., Vancouver and 1500–1055 W. Georgia St., Vancouver and addresses unavailable Plaintiff: David Richard Lamond Milne 9205 Hayward St., Mission Claim: Damages arising from the plaintiff tripping on some baskets that were placed on the floor; and health-care costs. Defendants: Royal Pacific Realty (Kingsway) Ltd.
and Lawrence Kwong Inn Wong and Homelife Benchmark Titus Realty Ltd. and Charles Dennis Jones 3107 Kingsway, Vancouver and 101–15385 No. 10 Hwy., Surrey and 304– 45535 Spadina Ave., Chilliwack Plaintiffs: Gery Warner and Suzanne Warner 700–595 Burrard St., Vancouver Claim: Damages for breach of trust and fiduciary duty arising from an agreement with a real estate brokerage; and a declaration that Royal Pacific Realty (Kingsway) Ltd. holds $100,000 in trust for the plaintiffs; and damages. Defendant: Atlantis Gold Mines Corp. 595 Howe St., Vancouver Plaintiff: Samarium Group Holding Ltd. 1st floor, Oliaji Trade Centre, Victoria, Mahe, Seychelles Claim: Specific performance of the subscription agreement and an order that Atlantis issue two million shares of its capital stock to the plaintiff arising from the breach of the subscription agreement; or, damages; or, restitution of the purchase price. Defendants: MIV Therapeutics Inc. and Alan Lindsay 1500–1055 W. Georgia St., Vancouver and 845 Burrard St., Vancouver Plaintiff: Dr. Freddy Abnousi 1350–885 W. Georgia St., Vancouver Claim: Judgment against the defendants in an equal amount to the market value of the shares as of the option-exercise date after deducting the price to exercise the options, arising from breach of an agreement; or, $252,000; and damages. Defendants: BCBG Max Azria Canada Inc. and Hartleywood Holdings Ltd. 1700–666 Burrard St., Vancouver and 1870–505 Burrard St., Vancouver
Plaintiff: Sara Safarian 600–1125 Howe St., Vancouver Claim: Damages arising from the plaintiff being struck on the head by a negligently secured curtain rod at the Robson Street BCBG store. Defendant: Her Majesty the Queen in right of the Province of British Columbia, as represented by the Minister of Transportation and Infrastructure 1001 Douglas St., Victoria Plaintiff: 70 Golden Drive Ltd. Box 48600, 1200-200 Burrard St., Vancouver Claim: Compensation and disturbance damages under the Expropriation Act arising from a land transfer; reasonable costs, expenses and losses directly attributable to the disturbance caused to the company by the transfer, dedication or use of the lands; legal and appraisal costs; and damages. Defendants: John Doe and Jane Roe Addresses unavailable Plaintiffs: Grant M. P. Chernick and Dr. Grant M. P. Chernick, Inc. 290-889 Harbourside Dr., North Vancouver Claim: Damages for a defamatory posting on DoctorSource.ca; and an injunction. Defendants: Jordan E. Skands and Skands & Company Law Corp. 203–15230 56th Ave., Surrey Plaintiff: Mandeep Singh Dhillon 1000–840 Howe St., Vancouver Claim: Damages for breaching a contractual duty and duty of care expected of a reasonably competent and diligent solicitor causing the plaintiff to suffer damages, arising from a failure to file a personal injury claim within the two-year limitation period. Defendant: Scott & Jas Rentals Ltd. 106–235 Oliver St., Williams Lake Plaintiff: Kaaralee Gehring 204–1730 W. 2nd Ave., Vancouver Claim: Damages for injuries suffered due to a stair step that broke beneath the plaintiff. Defendant: ABC Ltd. Address unavailable Plaintiff: Dean Buse 16904 Gatzke Rd., Oyama Claim: Damages for damage caused when livestock strayed on to a highway. Defendants: Ipex Inc. and ABC Co. and BCD Co. 1600–925 W. Georgia St., Vancouver and 1401 194th St., Surrey Plaintiffs: Sharon Stevenson and Ronald Stevenson
2400–200 Granville St., Vancouver Claim: Damages for a flood caused by defective plastic piping. Defendant: Economical Mutual Insurance Co. 1900–1055 W. Georgia St., Vancouver Plaintiff: Live Capital of Canada 51507–911 Park Royal South, West Vancouver Claim: Damages for indemnity under an insurance policy related to a fire. Defendants: McDonald’s Restaurants of Canada Ltd. and Manufacturers Life Insurance Co. 1 McDonald’s Pl., Toronto and 100–1095 W. Pender St., Vancouver Plaintiff: Anna DiSalvo 2300–1066 W. Hastings St., Vancouver Claim: Damages for a metal rod the plaintiff tripped over. Defendants: The Salient Group and Salient Developments Ltd. and Rancho Management Services Ltd. and Owners of Strata Plan BCP38241 and Heatherbrae Builders Co. Ltd. and Heatherbrae Inc. and Heatherbrae Builders and Heatherbrae Services Ltd. and Heatherbrae Construction Group of CO. and Heatherbrae Management Ltd. and Heatherbrae Builders Co. Ltd. and Gair Williamson Architects and the City of Vancouver 225–209 Carrall St., Vancouver and 600–1190 Hornby St., Vancouver and 53 W. Hastings, Vancouver and 140– 12371 Horseshoe Way, Richmond and 219–209 Carral St., Vancouver and address unavailable Plaintiff: Gary Denomme 10th floor, 938 Howe St., Vancouver Claim: Damages for injuries sustained when the plaintiff’s foot got lodged into a hole on a walkway. Defendants: Garry Vonk and South Coast British Columbia Transportation Authority formerly known as Greater Vancouver Transportation Authority and Translink and Coast Mountain Bus Co. and Christopher Vadneau 1600–4720 Kingsway, Burnaby and 1700–4720 Kingsway, Burnaby and 4th floor, 13401 108th Ave., Surrey and 601–1906 Barclay St., Vancouver and 3241 Harwood Ave., Coquitlam and address unknown Plaintiff: Rose-Marie Burchill 108–144 12th St. West, North Vancouver Claim: Damages arising from a vehicle collision.
Lawsuit of the week
Matsqui sue Canada over fishing rights The Matsqui First Nation has launched a lawsuit alleging that Canada has infringed on the first nation’s constitutional fishing rights by excluding the Matsqui from various fisheries after the first nation declined to sign a fisheries agreement. In a statement of claim filed in B.C. Supreme Court June 6 against the Attorney General of Canada, Matsqui First Nation alleges that Canada has infringed on the first nation’s constitutionally-protected aboriginal right to harvest salmon for food, social and ceremonial (FSC) purposes within the Matsqui fishing area. The first nation argues that the infringement occurred when, on several occasions during the 2010 fishing season, the Department of Fisheries and Oceans (DFO) failed to issue licences to Matsqui to exercise its domestic salmon fishing right. The alleged infringements occurred after Matsqui First Nation declined to sign DFO’s collective fisheries agreement for Sockeye and Chum salmon for the period of April 1, 2010 to March 31, 2011. Matsqui First Nation argues that by not signing the agreement, the First Nation’s constitutionally-protected domestic salmon fishing right was not subject to the allocations set out in the comprehensive agreement, and could only be subjected to valid conservation measures. The statement of claim further states that DFO at no point informed Matsqui that Matsqui’s decision not to sign the agreement would have implications on the domestic fishing right or on the priority of FSC fishery. The first nation is seeking: an order declaring that Matsqui has an aboriginal right to fish for salmon for domestic purposes within the Matsqui fishing area; an order declaring that decisions by Canada not to permit Matsqui to fish during the excluded fisheries described in the claim have unjustifiably infringed the Matsqui domestic salmon fishing right; damages; and an order that Canada consult with Matsqui, and seek to accommodate Matsqui where necessary, in advance of any fisheries-management decisions that have the potential to infringe upon the Matsqui domestic salmon fishing right. None of these allegations has been proven in court. At press time, no statement of defence had been filed.
Defendants: Elizabeth Bankier and Ian Bankier Plaintiffs: James Burton and Laurie Burton and Paul Norton and Sylvia Norton and Carlos Burrows and Marta Burrows and Elizabeth King and Rob Krillic and David Knowles and Colin Roberts and Gail Roberts and Barbara Lahm and Rocco Zarrillo and Connie Zarrillo and Choong Poon and Bee Tan and Alex McKinlay and Wendy McKinlay and Margaret Geoghegan and Liana Honeysett and Clint Davidson and Sylvia Urban and Lana Leung and Peggy Hunt and William Leung and Mike Alexander Units 105, 117, 413, 301, 412–2970 Princess Cres., Coquitlam, and Units 316, 427, 428, 425, 429, 332, 325, 336, 339, 143, 129, 135, 140, 433–2980 Princess Cres., Coquitlam, and Unit 212–2990 Princess Cres., Coquitlam Claim: Damages arising from a fire ignited by an unattended small barbeque. Defendants: Elizabeth Bankier and Ian Bankier 433–2980 Princess Cres., Coquitlam Plaintiffs: Dale Bennett and Tanya Buker and Steven Ewanuick and Patricia Roach and Xiu
Hao and Dana Campbell and Dan LaPierre and Allan Lynde and Michelle Lynde and Margaret Brock and Deborah Callis and Heleni Lewis and Semira Alewie and ShaunaLynn Magrath and Sean Hamilton and Shannon Ince and Nancy Johnson and Peter Krikke and Jennifer Chmelyk and Linda Zerr and Harry Bakitiary and Timothy Whitehead and Lisa Takeuchi and Michael Patrick Armstrong and Colleen Armstrong and Chuen Fung Leung Cheung and Sandra Weightman and David Weightman and Sultanali Jethani and Guishan Jethani and Mariusz Bryszewski and Karolina Osses and Eleanor Hopkins and Suzanne Richter and Dusan Zupan and Naser Maloufi and James van der Borg and Yvonne van der Borg 2970 and 2980 Princess Cres., Coquitlam Claim: Damages arising from a fire that rendered the buildings and units uninhabitable and forced the plaintiffs to find temporary alternative living accommodations while the buildings and units were restored. •