Author Archives: ekblaw

COVID-19 Update – EKB Goes Virtual

Yesterday the Federal Government of Canada and Provincial Health Authority made recommendations to reduce the spread of COVID-19 and EKB is responding.  Effective immediately, all lawyers, paralegals and staff will work remotely until further notice. We will conduct all client meetings by telephone or teleconference to enhance the social distancing recommended by our health authorities. We are well equipped for our written communications to be done electronically. We will assist you to arrange for any office deliveries that need to be made. To assist you, payment of invoices can be made using the “Bill Pay” feature located at the top right-hand corner of the EKB  website home page.

All of us at EKB will work with you to continue to provide you with the excellent legal services that you have come to expect despite the unique challenges that face all of us.

We are monitoring this situation daily and changes and updates will be provided as they evolve.  As always, should you need to contact your lawyer, please telephone or email us.

Rodney Urquhart
Managing Partner


EKB continues to monitor and adapt to the COVID-19 pandemic and our clients, our communities and the health of our employees remains foremost in our minds.

Clients should know that we do have business continuity plans in place which will allow us to continue to operate and adapt with as little disruption as possible.  We continue to monitor information as it unfolds and have implemented proactive measures as necessary.  Information regarding the COVID-19 virus is being obtained from the B.C. Health Authority and other government agencies, medical experts and the World Health Organization.

We are able to continue operating effectively on your behalf from remote locations and can continue to provide excellent service for your business and legal needs.  Our technology, data and security systems have been tested and will continue to be monitored during any office closure.  Non-essential travel policies have been implemented and quarantine protocols are in place.  Our office building and premises have cleaning protocols in place.  If necessary, client meetings will be moved to teleconferencing or be rescheduled.  Employees know the procedures to follow in the event that they become ill or have concerns about having been exposed to the virus.

We will continue to monitor daily the information as it is received and, in the event that office closure becomes a necessity, we have the ability to continue to be responsive to your legal and business needs.

Be assured that EKB is committed to assist you!

D. Rodney Urquhart
Managing Partner


Entities that are designated as reporting entities under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, such as money services businesses and designated financial institutions have certain obligations to fulfill under the Act and corresponding Regulations. One of these obligations is to verify the identity of their clients, also known as “KYC” requirements. The Regulations specify when... READ MORE
It might not sound sexy but it’s exciting nonetheless….Recent amendments to the British Columbia Disclosure of the Cost of Consumer Credit Regulation have opened the doors to real time digital consumer loan products. The Business Practices and Consumer Protection Act and the Regulation require credit grantors who extend credit in the ordinary course of carrying on their businesses to... READ MORE

EKB Partner David Allman and Associate Counsel Alan Monk Speak at CLEBC Mining Law Course

EKB lawyers David Allman and Alan Monk shared their expertise at the Mining Law Conference, presented by the Continuing Legal Education Society of BC, on October 12, 2017. David and Alan’s presentation was titled, “Royalty Companies’ Effect on Royalty Agreements and Other Recent Trends”.

David and Alan discussed topics such as the nature of a royalty, provisions found in “traditional” royalty agreements, and new provisions found in agreements used by royalty companies. They also gave an example of the importance of a royalty being an interest in land.

In the paper presented at CLEBC, David and Alan describe how mining companies have used royalties as a source of financing. In addition, this paper outlines certain common royalty provisions and discusses the potential loss of royalties upon the bankruptcy and insolvency of the property owner.



David Allman a business lawyer at the Vancouver law firm EKB

David Allman

Alan Monk a business lawyer at Vancouver law firm EKB

Alan Monk


EKB Partner Angela Folino Speaks at King County Bar Association’s 44th Annual Pacific Northwest Aviation Law & Insurance Conference

On September 23, 2017, EKB partner, Angela Folino, spoke at the 44th Annual Pacific Northwest Aviation Law & Insurance Conference at the Hotel Bellwether in Bellingham, Washington. The conference was organized by the King County Bar Association’s Aviation and Space Law Section and sponsored by Lane Powell PC, Paramount Law Group PLLC and Cozen O’Connor.

The conference featured a number of speakers over the course of September 22 to 24, 2017, including featured speaker Colleen Mondor, author of the novel The Map of My Dead Pilots: The Dangerous Game of Flying in Alaska.

Angela’s talk was a case study that focused on the duty of care of Canadian regulatory authorities in the context of a NAFTA-registered aircraft.

Angela Folino Vancouver Business Litigation Lawyer Featured Bio Picture

Angela Folino

EKB Hosts Employment Law Seminar for BC Business Leaders

On September 14, 2017, EKB partners Dave Turner, Rod Urquhart and Angela Folino presented a seminar titled, “Your Obligations as an Employer in Awkward Situations: Bullying, Disability, Addiction and Termination”.

The seminar was well attended by BC employers, HR personnel, and Vancouver business leaders. By all accounts, it was an informative and entertaining morning.

The topics discussed included:

Workplace Bullying & Harassment

EKB Managing Partner Rodney Urquhart started off the seminar with a presentation that outlined the various statutes that cover bullying and harassment in the workplace. Rod discussed Workers’ Compensation Act and the Workers’ Compensation Occupational Health and Safety Policies that set out the framework for employer and employee responsibilities. Rod also outlined strategies for how employers might deal with workplace bullying and harassment. As well, Rod led the audience through a review of the compensation claim process, along with a discussion of related human rights issues.

Just (Be)Cause: When Firing an Employee is Justified

This presentation by EKB partner and business lawyer, David Turner, explained the benefits and dangers of alleging just cause (often referred to simply as “cause”) in terminating an employee. Dave observed that termination for cause is the “capital punishment” of employment law and, as a result, the courts have established a very high standard for employers to meet in order to dismiss an employee without notice or pay in lieu of notice.  The courts have established principles such as taking a contextual approach and applying a proportional response to the alleged conduct, but many decisions from courts across Canada are difficult to reconcile. This presentation, and the accompanying article, was titled “Just (Be)Cause” to reflect the view of many employers that the troublingly inconsistent case law in this area appears arbitrary and unprincipled.

Legalizing Marijuana: Addiction & Accommodation

In this timely presentation, EKB Partner Angela Folino outlined the impact of medical marijuana use on the employer-employee relationship as well as changes that employers might expect once the recreational use of marijuana is legalized. With the legalization of recreational marijuana on the horizon and the use of marijuana to treat disabilities becoming more prevalent, employers are faced with situations that they may not have encountered before. Human rights laws require employers to accommodate employees with disabilities to the point of undue hardship. Angela noted that the duty to accommodate must be carefully balanced with the employer’s duty to maintain a safe workplace.

Terminating the Disabled or Soon to be Disabled Employee

EKB Managing Partner Rodney Urquhart addressed the thorny issue of long-term disability as it relates to job termination. The dangers that employers may face in terminating an employee who becomes disabled were highlighted in this presentation, including the possibility of the employer becoming the de facto insurer of a disabled former employee. As well, Rod discussed the risks of terminating an employee who is on long-term disability, including the real risk of human rights complaints and the compensation employers may be required to pay.

Employment Standards: You Might Think You’re Out When You’re In & In When You’re Out

The title of this presentation by EKB Partner David Turner, “You Might Think You’re Out When You’re In & In When You’re Out”, signifies the difficulties faced by employers when either trying to reference and rely on the Employment Standards Act in their employment contracts, or when trying to avoid the Act by hiring managers and independent contractors. Dave’s presentation provided an overview on a variety of topics of importance to employers and HR including determining whether a termination provision will be upheld, how to keep the employment contract in place in light of promotions or transfers, and factors the courts and the Employment Standards Tribunal will consider in determining an employee’s status as a manager as well as whether a worker’s relationship with the employer is more akin to that of an employee or an independent contractor.

Covering a wide spectrum of timely subjects, this EKB seminar sought to assist BC employers with navigating the most difficult matters. The Employment Law group extends our thanks to all who attended. We welcome your suggestions for future seminar topics that may be of interest to your business. For further information, or to submit your ideas for the next seminar, contact the head of EKB’s practice group, Dave Turner.


david turner vancouver business litigation lawyer profile picture

David Turner
Partner, Business Litigation

EKB Welcomes Alan Monk as Associate Counsel

EKB is pleased to announce that Alan Monk has joined our firm as Associate Counsel. Alan has practiced corporate/commercial law, securities/corporate finance, and mining law for over 20 years. He has a broad corporate and commercial practice and his securities practice includes public and private financings, initial public offerings and advising on disclosure, governance, and regulatory matters.

Find out more about Alan Monk’s experience in business law.

Welcome, Alan!

Alan Monk a business lawyer at Vancouver law firm EKBContact:
Alan Monk
Associate Counsel

EKB Lawyers Named in Best Lawyers in Canada, 2018

EKB partners Rod Urquhart, David Allman, and Geoff Sherrott, and associate counsel Bill Hartley, Dan Fetterly and Terry Stewart, have all been selected by their peers for inclusion in the 12th edition of The Best Lawyers in Canada, 2018.

Rod has been selected for his work in the areas of Administrative and Public Law and Corporate and Commercial Litigation; David has been included for his work in Mining Law; Geoff has been chosen for his work in Corporate Law; Bill has been selected for his work in Mergers and Acquisitions Law; Dan has been chosen for his work in Aviation Law and Product Liability Law; and Terry has been selected for Corporate Law and Equipment Finance Law.

In addition, Terry has been named the 2018 Vancouver Equipment Finance Law “Lawyer of the Year”.

Rod, David, Geoff, Bill, Dan and Terry have all been recognized in previous editions of The Best Lawyers in Canada.

EKB congratulates these lawyers on their achievement!


EKB Best Lawyers in Canada, 2018

rodney urquhart vancouver business litigation lawyer profile picrure

Rod Urquhart

David Allman a business lawyer at the Vancouver law firm EKB

David Allman

Geoffrey Sherrott a business lawyer at the Vancouver law firm EKB

Geoff Sherott

William Hartley a business lawyer at the Vancouver law firm EKB

Bill Hartley

Daniel Fetterly a business litigation lawyer at the Vancouver law firm EKB

Dan Fetterly

Terrence Stewart a business lawyer at the Vancouver law firm EKB

Terry Stewart


Isabel Romeral Joins EKB as an Associate

Isabel Romeral Vancouver business lawyer at EKB

EKB is pleased to announce that Isabel Romeral has joined the firm as an Associate. Isabel practices in the areas of wills, estates, and trusts, as well as business law.

During her time in law school, she was one of the founding members of the Calgary Innocence Project, where she conducted research into wrongful convictions. Since then, Isabel has served as in-house counsel for a biotech start-up and as a corporate solicitor for a boutique downtown law firm.

We welcome Isabel to the firm and look forward to her sharing her commitment to excellence with our clients.

Doug Harrison Retires

douglas harrison commercial real estate lawyer bio pictureAfter more than 30 years at EKB, Doug Harrison has retired effective December 31, 2016.

Doug was called to the British Columbia Bar in 1973. He gained extensive experience in drafting legislation and understanding the manner in which governments make decisions while being seconded to the BC Ministry of the Attorney General and during his time acting as regional corporate counsel for a large integrated Canadian corporation. During his time at EKB, Doug acted primarily as a solicitor practicing business law, but his talents (and interest) sometimes took him into litigation matters as well.

Doug’s knowledge and experience has earned him the respect of his peers, both inside EKB and externally. Doug will especially be missed around the office as a wealth of information for his colleagues. We wish Doug all the best in his retirement!


EKB Logo and Website Win Platinum and Gold in 2016 MarCom Awards

We are excited to announce that EKB recently received a Platinum award for “Logo Design” and Gold award for “Website-Legal and Law Firm” in the 2016 MarCom Awards.

MarCom is one of the oldest, largest and most prestigious creative competitions in the world for marketing and communication professionals.

Last year, we partnered with fSquared Marketing, a leading strategic consulting and marketing firm for law firms, to launch our new brand and website. We consistently receive positive comments from clients and colleagues on our new branding and are pleased to receive this recognition.

The judges at MarCom are industry professionals who look for companies and individuals whose talent exceeds a high standard of excellence and whose work serves as a benchmark for the industry. Winners are selected from over 300 categories in Print, Web, Video and Strategic Communications. EKB is proud to have been selected out of 6500 entries as a winner for its brand identity, and in the Website – Legal and Law Firm category.

For more information please contact Fraser Hartley, Partner, EKB or Lynn Foley, Partner & CEO, fSquared Marketing.


Nothing Fishy About Strong Tradex Relationship

Tradex Inc LogoTradex Foods Inc. is a global seafood supplier that sets itself apart by, among other things, its commitment to sustainability.

As evidenced by its certification with the Marine Stewardship Council and its pledge to the National Fisheries Institute’s Economic Integrity Commitment, Tradex stands out in its field as company dedicated to a better way to conduct business. Tradex also stands out for its efforts against fraud in the industry. Its School of Fish program stands as an example to others in the industry.

“I’m proud to be part of the extended Tradex team. Their commitment to sustainability is inspirational no matter what industry you’re in.”  Dave Turner, EKB Partner

EKB has worked closely with both of Tradex’s Canadian offices in Victoria and Montreal for the past 12 years, dealing with matters ranging from shipping disputes to insurance advice. EKB is proud of its long history working with Tradex Foods Inc.


Tradex Box


EKB Succeeds in Landlord’s Claim for Unpaid Triple Net Expenses in Commercial Lease Dispute

EKB’s Angela Folino and Laura Morrison successfully acted for the plaintiffs, Edward Derek Bulley and Ed Bulley Investments Ltd., in a summary trial against Weatherford Canada Partnership and others in a matter involving a triple net commercial lease. Mr. Bulley was the landlord and Weatherford was the tenant. The lease required Weatherford to pay a set monthly amount as base rent plus Weatherford’s proportionate share of expenses, utilities and property taxes (the “Additional Rent”) for the use of certain commercial property in Fort Nelson, B.C.

Through inadvertence, the landlord, Bulley, did not send invoices for Additional Rent for the first three years of the lease’s 7 year term. As soon as the mistake was discovered, Bulley invoiced Weatherford for the outstanding amounts owing for those years. Weatherford refused to pay any of the amounts owing, despite taking no issue with the amounts of any of the invoices. Weatherford took the position that Bulley’s delay in sending the invoices precluded Bulley from recovering the outstanding amount for a number of reasons:

  1. First, Weatherford argued that it was a precondition of payment of the Additional Rent that Bulley deliver budget statements, tax assessments and reconciliation statements to Weatherford annually, which Bulley had not done.
  2. Second, Weatherford argued that Bulley’s delay in sending the budget statements and tax assessments violated the “time is of the essence” clause in the lease. Weatherford argued that because of the alleged breaches, its obligation to pay Additional Rent was void.
  3. Third, Weatherford argued that Bulley’s failure to deliver invoices for the Additional Rent gave rise to an estoppel which disentitled Bulley to the Additional Rent.
  4. Finally, Weatherford argued that Bulley was precluded from recovery because the limitation period had expired.

In her decision released on October 25, 2016, Madam Justice Maisonville found that Bulley was entitled to recover the amounts owing as Additional Rent and, in doing so, rejected each of Weatherford’s arguments.

Maisonville J. held that there was nothing in the lease that made the delivery of budget statements, tax assessments and reconciliation statements a precondition to the payment of Additional Rent.

Further, she agreed with Bulley that the “time is of the essence” clause did not alter Weatherford’s obligation to pay Additional Rent. Rather, the effect of a “time is of the essence” clause is that, when an express time stipulation in a contract has been breached, the party not in breach can elect whether to keep the contract in force or terminate it. Weatherford continued to remain in the premises while disputing that it owed the Additional Rent. Madam Justice Maisonville found that, in doing so, Weatherford elected to affirm the lease in the face of Bulley’s alleged violation of the “time is of the essence” clause.

In addition, Maisonville J. found that in order to succeed in its promissory estoppel argument, Weatherford needed to prove that Bulley made a promise or assurance that he would not seek to collect the Additional Rent. However, she found that the mistake of not delivering the invoices for the first three years of the lease was not a promise or assurance that Bulley would not insist on the Additional Rent because it was unintentional. In Maisonville J.’s words, “the mistake cannot be relied upon to ground promissory estoppel”.

Finally, Maisonville J. found that Bulley had brought the claim in time. The lease required Weatherford to pay amounts due under the lease within 30 days after demand. After making the demand for the first three years of Additional Rent on June 30, 2014, Bulley had a two year period (which commenced 30 days after June 30, 2014) within which to commence its lawsuit. In filing the lawsuit on December 29, 2015, Bulley was well within the limitation period.

You can read the decision here: Bulley v. Weatherford Canada Partnership, 2016 BCSC 1955


Laura Morrison a business litigtaion lawyer at the Vancouver law firm EKBContact:
Laura Morrison

EKB Represents Canada Metal (Pacific) in Acquisition of Dock Edge+

EKB represented its longtime client, Canada Metal (Pacific) Ltd., in the acquisition of Dock Edge+ and related companies. Dock Edge+ is a leading manufacturer and supplier of commercial and consumer marine products in North America.

The acquisition will provide Canada Metal with a dock equipment and marine accessory manufacturer, an 80,000sq. ft. manufacturing plant in Woodbridge, Ontario and a corporate presence and a sales force in eastern Canada.

Canada Metal will be able to distribute Dock Edge+ products through its worldwide distribution network utilizing the acquired facility in Ontario and Canada Metal’s existing facilities in British Columbia, Virginia, USA, China, Italy and Australia.

EKB assisted Canada Metal with strategic advice regarding the acquisition, as well as doing the legal due diligence and preparation and negotiation of the acquisition documents, the shareholders agreements, and the equity and debt financing for the acquisition.

Bill Hartley
Associate Counsel

David Allman named in Chambers Latin America 2017 for Mining Projects

David Allman a business lawyer at the Vancouver law firm EKBEKB partner David Allman has been named as a ranked lawyer in the 2017 edition of the Chambers Latin America guide, in the category of Projects: Mining: Leading Canadian Firms – Latin America Wide. Chambers Latin America is a legal directory published by London, England-based Chambers and Partners, which publishes legal directories for jurisdictions around the world, including Latin America and Canada.

David’s mining law practice involves advising senior, mid-tier and junior mining clients on domestic and international mineral resource property transactions, as well as advising on corporate, commercial and securities matters. He has been involved in transactions involving mineral projects in Canada, Latin America, Africa and Eurasia. David has been ranked by Chambers Global as a leading lawyer for business, in the category of Projects: Mining: Leading Canadian Firms – Latin America Wide, since 2013.

Chambers employs more than 140 researchers full-time at their London office to investigate the factors and considerations of each lawyer being ranked. These researchers work throughout the year contacting lawyers and clients directly by telephone and email. Individual lawyers are ranked in their practice areas by legal knowledge, experience, ability, effectiveness and client service.

Congratulations, David!



Geoff Sherrott to Speak at BIV Business Excellence Series: Business Opportunities in Northern BC

Geoffrey Sherrott a business lawyer at the Vancouver law firm EKBEKB Partner, Geoff Sherrott, will be participating in a panel for Business in Vancouver’s Business Excellence Series: Business Opportunities in Northern BC, on September 27, 2016, at Terminal City Club. Geoff will discuss the legal issues surrounding opportunities to buy out, or buy into, businesses in northern British Columbia.

Many communities in northern B.C. have small and medium-sized businesses, mainly sole proprietor enterprises, whose goods and services are in increasing demand. The owners of these businesses are either ready to retire or expand their companies. In addition, an estimated $70 billion worth of industrial projects are planned for central and northern B.C., and this presents new investment opportunities for real estate development, retail, and industrial supply-chain businesses.

Geoff regularly prepares agreements for the purchase and sale of land and businesses, license agreements, loan and security documents, property leases, employment agreements, shareholders agreements and banking documents. He advises purchasers, owners, and tenants how best to address the environmental risk associated with owning an interest in land in British Columbia.

Geoffrey Sherrott

David Allman Speaks on Mining and Social Responsibility at 2016 Mexi-Can Forum on International Trade in Vancouver

EKB partner, David Allman, participated as a panelist in a panel discussion on the topic of “Mining, International Trade and Social Responsibility” at The Mexi-Can Forum on International Trade on September 7, 2016, in Vancouver, together with representatives from PricewaterhouseCoopers and Goldcorp. Inc.  The Forum was presented by The Society of Mexican Talent in British Columbia, a network of Mexican professionals, business people, students and others living in British Columbia.

David Allman

MCI Focus Interviews EKB’s Peter Brown about Globalaw Leadership Programme

Peter Brown, EKB’s Co-Managing Partner, is the Membership Committee Chair and an Executive Committee member of Globalaw. Peter was recently interviewed for MCI Focus about the Globalaw Leadership Programme (“GLP”).

EKB is a member of Globalaw, an international network of law firms with more than 110 firms in 85 jurisdictions. Globalaw instituted the GLP four years ago as a way to encourage younger lawyers to join and become leaders in Globalaw. The GLP allows current Globalaw leaders to nurture younger lawyers with the goal of growing future leaders from within the organization. This allows junior lawyers to gain experience and to network with fellow Globalaw network lawyers and it also enables Globalaw to achieve its long-term goals, including succession planning.

Read Peter’s interview regarding the Globalaw Leadership Programme.



Daniel Fetterly is Aviation Law Lawyer of the Year for 2017 Best Lawyers in Canada

Daniel Fetterly a business litigation lawyer at the Vancouver law firm EKBEKB is pleased to announce that Dan Fetterly, Associate Counsel, has been selected by his colleagues as a leading practitioner in Aviation and Product Liability Law, and he has been awarded Lawyer of the Year (2017) for Aviation Law in the 11th edition of The Best Lawyers in Canada.

Dan first began his practice in 1992, dedicating 23 professional years towards representing a variety of clients, with an emphasis on manufacturers of fixed-wing and rotary aircraft in numerous litigation matters arising from aviation accidents. He joined EKB as Associate Counsel in 2014, and maintains long-term relationships with his clients, achieving efficient and effective solutions to the claims made against them.

Best Lawyers is an international publication in nearly 70 countries that lists leading lawyers in 140 practice areas. A Lawyer of the Year is chosen for each practice area and geographical region, and we are proud to say that Dan Fetterly has been presented with Lawyer of the Year (2017) for Aviation Law in Vancouver. Dan has been recognized as a leading practitioner for Aviation Law in Best Lawyers continuously from 2008.

Congratulations, Dan!

Best Lawyers Lists Six From EKB in 11th Canada Edition

EKB Partners David Allman, Geoff Sherrott, and Rod Urquhart, along with EKB Associate Counsel Bill Hartley, Terry Stewart and Dan Fetterly, have been selected by their peers as leading practitioners in the following practice areas:

The methodology behind Best Lawyers is designed to encapsulate the opinions of leading lawyers regarding the professional abilities of their colleagues within the same geographical region, and legal practice area. The peer-reviewed listings are published in nearly 70 countries around the world.

Congratulations to David, Geoff, Rod, Bill, Terry and Dan!

Here you can find the full list of EKB’s lawyers in The Best Lawyers in Canada.

Rod Urquhart Profiled as Board Member of the UBC Peter A. Allard School of Law Alumni Association

EKB Partner, Rodney Urquhart, was recently interviewed for a Board Member Profile for the Peter A. Allard School of Law Alumni Association.

In his profile, Rod Urquhart (Class of ’85), discusses his career path, his role as a mentor to junior lawyers, and his involvement with the Peter A. Allard School of Law Alumni Association, including his role as past President of the Board of Directors.

As noted in the piece, Rod has been a teacher and mentor for many years; from pre-undergrad to present. Today, Rod continues to mentor younger lawyers as Co-Managing Partner at EKB. He also acts as an advisor for the current Board of Directors of the Allard School of Law Alumni Association.

Rodney Urquhart
Co-Managing Partner

EKB Represents Minority Shareholder in the Disposition of 49% Equity Stake of Ritchie Bros. Financial Services

In 2011 we assisted our client in the negotiation of an agreement with Ritchie Bros. to create Ritchie Bros. Financial Services, a company catering to the financing needs of equipment buyers purchasing through Ritchie Bros. Auctions.

This year we assisted our client in the disposition of their 49% interest in Ritchie Bros. Financial Services for $53.9 million.  The transaction provides for additional compensation contingent on meeting certain performance targets over the next three years and for our client’s ongoing involvement in the business over the next three years.

William Hartley
Associate Counsel

Geoff Sherrott Named one of CLEBC’s “Most Prolific Volunteers: 1996 – 2016”

EKB is proud to announce that partner Geoff Sherrott has been named one of the Continuing Legal Education Society of B.C.’s “Most Prolific Volunteers: 1996 – 2016”. Geoff’s contributions to CLEBC over the years are too numerous to mention, but as noted in the piece, he has made over 30 contributions to CLE, including authoring multiple publications and presenting at numerous seminars and courses.

The contributions noted by CLEBC are only a fraction of the contributions that Geoff regularly makes to law students through his teaching at UBC’s Peter A. Allard School of Law and to our firm’s young lawyers through his ongoing mentorship.

EKB congratulates Geoff for this recognition and thanks him for his many contributions to continuing legal education.

Geoff Sherrott

EKB Succeeds in Defending Non-Profit Landlord in Subsidized Housing Case

EKB lawyers Angela Folino and Laura Morrison succeeded in defending a petition for judicial review of a decision by a Residential Tenancy Branch arbitrator in the subsidized housing context.

In Hu v. Red Door Housing Society, 2016 BCSC 1238, the petitioner sought to have the court overturn a decision of the arbitrator upholding a Notice to End Tenancy issued by the landlord Red Door, a non-profit society that provides affordable housing to low and moderate-income families and seniors.

Following an annual income and asset review, the landlord determined that the tenant’s income and assets revealed that the tenant no longer qualified for a rental subsidy. The landlord increased the rent to market rent, but the tenant continued to pay rent at the reduced amount as though she were still receiving the subsidy. Rent arrears accumulated, and the landlord issued a 10 Day Notice to End Tenancy for Unpaid Rent as a result of the arrears. The tenant disputed the notice before the Residential Tenancy Branch.

The issue before the arbitrator at the Residential Tenancy Branch was whether certain amounts which Red Door had counted as “income” were properly considered to be income for the purposes of calculating eligibility for the rent subsidy. The tenant maintained that these amounts were loan proceeds from a friend. Red Door’s policy, in accordance with its agreement with BC Housing Management Commission, was that income from all sources of all adult members of the household was counted as income. Only loans from financial institutions were excluded from the income calculation. The arbitrator found that she did not have the jurisdiction to look behind Red Door’s policy for calculating rent subsidies because housing societies such as Red Door are exempt from the rent increase provisions of the Residential Tenancy Act that apply to residential landlords. Therefore, the arbitrator upheld the 10 Day Notice. The tenant brought a petition for judicial review.

The Court found that the arbitrator’s decision was not patently unreasonable.  The court agreed with the arbitrator and Red Door that the Residential Tenancy Branch has no jurisdiction over matters relating to rent increases for a subsidized housing unit because of the Residential Tenancy Act exemption. Thus, the court held that the arbitrator was correct in declining to examine Red Door’s internal policy to only accept loans from financial institutions as “loans”. In other words, it was open to Red Door to consider loans from friends as being income for the purposes of performing rent calculations. The tenant’s petition was dismissed and Red Door’s 10 Day Notice was upheld.

Learn more about administrative decisions and judicial review in a recent article by EKB.


Laura Morrison a business litigtaion lawyer at the Vancouver law firm EKBContact:
Laura Morrison

David Allman to speak at Mexi-Can Forum on International Trade in Vancouver

EKB partner David Allman will be speaking at The Mexi-Can Forum on International Trade on September 7, 2016 in Vancouver.  He will be participating in a panel discussion entitled, “The Mining Industry, International Trade and Social Responsibility”, together with representatives from PricewaterhouseCoopers and Goldcorp. Inc. The Forum is presented by The Society of Mexican Talent in British Columbia.

David Allman

Angela Folino EKB Litigation Partner quoted in Vancouver Sun regarding Sexual Violence and Misconduct Policy Act

EKB Litigation Partner Angela Folino is mentioned in “Erring on the side of caution, universities put young women at risk” featured in the June 15th edition of the Vancouver Sun. Angela is also quoted in “B.C.’s sexual misconduct bill may hinder more than help students” featured in the June 16th edition of the Vancouver Sun. These articles, authored by Daphne Bramham, discuss sexual assaults at BC Post-Secondary institutions and Angela was interviewed regarding the Sexual Violence and Misconduct Policy Act.


Angela Folino appointed to the Board of Directors of the Law Courts Inn

The Law Courts Inn, located in the Vancouver Law Courts, is operated by the not-for-profit Lawyers’ Inn Society. The objects of the Society are to foster and promote understanding, cooperation, the exchange of ideas and comradeship among all members of the legal profession and to provide a forum for the full and free discussion of all matters of interest to its members.

The Inn is currently undergoing a revitalization and is about to embark on a renovation to its premises. Its directors are working diligently to assist in this process and have instituted new programming and events, including its Lunching with Leaders series.

Angela was appointed to the Board of Directors at the recent AGM held on May 26, 2016 and is looking forward to contributing to the Inn’s revitalization efforts.

Access Pro Bono names David Turner a Top 10 Civil Chambers volunteer

Providing access to legal services that are unavailable to many in our community is a duty that EKB lawyers believe that they owe. As such, we are proud that EKB partner David E. Turner was named as one of the top ten Civil Chambers Program Volunteers for 2015 at the Access Pro Bono Appreciation Breakfast on April 21, 2016.

The Civil Chambers project involves volunteer lawyers from Vancouver-area law firms providing pro bono legal assistance and representation to unrepresented low- and modest-income litigants appearing in civil chambers both in BC Supreme Court and the Court of Appeal.

EKB scores quick win for Mike Babcock in hotel dispute

EKB obtains summary trial dismissal in the face of clear conflicts on the affidavit evidence

EKB lawyers David Turner and Laura Morrison recently obtained a summary trial win despite clear and undeniable conflicts on the evidence on the key issue. In Colter Developments Ltd. v. Squamish JV Ltd., 2016 BCSC 354, our client, Mike Babcock, was sued personally in a claim by a number of construction companies with respect to the failed construction of a Holiday Inn located in Squamish, British Columbia.

The claim alleged that at a Detroit Red Wings practice in 2009, principals of the plaintiff companies met with Mr. Babcock to discuss the difficulties they were experiencing with the construction. The plaintiffs claimed essentially that at the hockey practice Mr. Babcock promised personally that they would be paid. Mr. Babcock denied making any such promise to the plaintiffs.

The plaintiffs argued the case was not suitable for summary trial because of the conflicting affidavits. After reviewing the applicable law, the court disagreed, finding that “there are conflicting affidavits but other evidence makes it possible to find the facts necessary for judgment.”

The Court found it relevant that Mr. Babcock was only an investor in the project, and not a manager or businessman:

[11] Michael Babcock is an investor in the hotel project …Until late 2009, he had no active involvement in VW Hotels. He is a professional hockey coach. At the time of these events he coached the Detroit Red Wings of the National Hockey League as well as Canada’s national hockey team for the 2010 Winter Olympics.

The court canvassed the law of negligent misrepresentation and certainty of terms in contract and also referenced the many discrepancies between the plaintiffs’ version of events and the documentary evidence. The court found that the allegations of negligent misrepresentation could not succeed on the law. The court found that many of the allegations in the law of contract did not have the necessary certainty of terms, and those few allegations that did were “inherently unlikely” on the facts.

The court dismissed the case against Mr. Babcock with costs.

The case is noteworthy because it signals that courts are willing to dismiss actions at summary trial, even in cases where the traditional wisdom is that a full trial would be required to assess credibility. It was an aggressive tactic, but the summary trial success resulted in significant savings in fees, time and inconvenience for our busy client. The full decision can be found here. A Globe and Mail article on the decision can be found here.

David Turner

EKB’s Website Wins “Best in Class” Honour in the Interactive Media Awards

We’re proud to announce that the firm’s website,, has won the Interactive Media Awards (IMA) “Best in Class” Award in the ‘Legal’ category.

The firm partnered with fSquared Marketing, a leading consulting firm that provides law firms with strong marketing leadership and expertise in strategic planning, client development, branding, websites and lawyer training. “We launched our website in October 2015 and it has received great feedback from the market,” said EKB Co-Managing Partner, Peter Brown “We hope our clients and broader audience continue to find our site a useful tool in their search for excellent legal advice.”

As per the IMA, “The Best in Class award is the highest honor bestowed by the Interactive Media Awards. It represents the very best in planning, execution and overall professionalism. In order to win this award level, a site had to successfully pass through a comprehensive judging process, achieving very high marks in each of the judging criteria – an achievement only a fraction of sites in the IMA competition earn each year.”

For more information please contact Peter Brown, Co-Managing Partner, EKB or Lynn Foley, Partner & CEO, fSquared Marketing.

John McInnis Retires

After 36 years of practice, all of them at EKB, John McInnis is retiring effective January 1, 2016. John joined the firm as a summer student and went on to article with us before being admitted to the bar on May 12, 1980. He became a partner in 1985 and then associate counsel on March 1, 2012. His practice has been focused on natural resources and mining. John’s contribution to EKB and to the practice of law will not soon be forgotten. Globalaw recently published an interview of John in its Talking Business Newsletter, which you can read here: John McInnis Interview on GlobalMine Initiative.

Please join us in bidding John a warm farewell.

EKB acts for ConeTec Investigations in the successful acquisition of Mud Bay Drilling

EKB’s Business Law team, led by Bill Hartley and assisted by Riley Lalonde and Fraser Hartley, successfully completed an acquisition by ConeTec Investigations Ltd. in a recent transaction which closed on September 30, 2015.

ConeTec successfully acquired Mud Bay Drilling Co. Ltd., a geotechnical drilling and site investigation company operating in Western Canada.

ConeTec and Mud Bay Drilling have a history of working together on projects throughout British Columbia and the acquisition bolsters ConeTec’s service offering in Western Canada.

Bill Hartley
Associate Counsel

New Brand. New Look. Same Commitment to Excellence.

As we celebrate 50 years of providing excellent legal advice to the businesses of British Columbia, Edwards, Kenny & Bray LLP is pleased to announce a new brand – EKB.

We’ve updated our brand in order to reflect the creativity and practicality of our law firm’s approach. Our mission remains the same as ever: to be our clients’ trusted advisors and to offer them unparalleled service.

EKB partners and associates are not just lawyers. We’re also business people who know how business is done in British Columbia. We pride ourselves on offering innovative strategic advice to our clients.

Our new brand identity pays tribute to our law firm’s founding partners, the Honourable Jack T. Edwards and the Honourable John Bouck, who were both later appointed to British Columbia’s Supreme Court. Brenton D. Kenny, Q.C., who remains Associate Counsel with the firm, and Ronald C. Bray followed. They developed a reputation for business acumen and superior client service, attributes that are the basis of everything we do today.

We remain committed to a tradition of excellence that EKB aims to carry on for another fifty years.

Combination of Equipment Finance Businesses

Bill Hartley led a team of EKB lawyers that acted for a client in the combination of their prime equipment finance business with the prime equipment finance business of a BC credit union. The negotiations were protracted and complex. The transaction involved an agreement whereby our client would provide long term management of the combined business and a retained interest for our client in the combined entity. The transaction provided that the credit union would have an option after a number of years to acquire the interest of our client. The transaction also provided that non-prime equipment finance applications generated by the combined entity would be referred to our client for an extended period of time.

Bill Hartley
Associate Counsel

Case clarifies loss of use damages

EKB lawyer Laura Morrison successfully represented the appellant, a car dealership, in the appeal of a Provincial Court of British Columbia decision regarding a vehicle leased by the appellant that suffered an engine failure. On appeal, the Supreme Court found that the trial judge erred by awarding the lease payments that had been made by the respondent to the appellant as damages for the respondent’s loss of use of the vehicle.

This decision affirms the common law proposition that to succeed in a claim for damages for loss of use of property, the claimant must present evidence of what damages it actually suffered as a result of being deprived of the use of the property. This decision also clarifies that lease payments are not the proper measure of damages for loss of use of leased property.

Read the full decision.

Laura Morrison

EKB thinks outside the box in dispute resolution

EKB recently settled a complex multi-party commercial litigation dispute. What was unique about this is that the case was at a very early stage of litigation. No pre-trial examinations for discovery had been conducted not all document discovery had been concluded and no expert reports had been obtained.

In pushing a trend in dispute resolution in other jurisdictions, in the very early stages of the litigation we analyzed the issues and determined that there were sufficient known facts to conduct a risk/benefit analysis for our client to properly proceed with mediation to achieve a reasonable settlement. We were able to do so while saving the client thousands of dollars on pre-trial legal processes and expert costs.

This case is an example of how to achieve a very favourable result, while saving the client considerable expense by not following the typical litigation approach.

Rodney Urquhart
Co-Managing Partner

Supreme Court of BC ruling confirms that EKB sets the standard for court application material

In successfully defending a summary trial application on behalf of our client, the plaintiff, the Supreme Court of British Columbia clarified the law regarding the proper content of Notices of Application and Application Response. Previously the courts were unclear as to the nature and content of these application materials such that litigants often had sparse and deficient material making it difficult for the other parties and the courts to understand their position until they spoke in court. This would often lead to inefficiencies in court proceedings and potential unfairness to the opposing parties

In granting judgment in favour of EKB’s client the court determined that the Notice of Application filed by the applicant defendant was deficient and that the material filed by EKB represented the proper standard. In so doing the court stated:

“In contrast to the bare-bones notice of application filed on behalf of [the applicant defendant], the application response [filed for our plaintiff client] was comprehensive and, in the page limit allowed under the Rules, set out both a detailed summary of the facts and an analysis of the legal basis on which the plaintiff said the court should find the defendant liable. It represents the standard expected by the court.”

This decision sets the standard for application material to be used by parties in all Supreme Court applications.

Rodney Urquhart
Co-Managing Partner

Supreme Court of British Columbia agrees with EKB that injunctions can be available against the Provincial Crown in pharmacy case

In representing a pharmacy on judicial review in relation to an audit conducted by PharmaCare, the Supreme Court of British Columbia agreed with EKB’s and determined that a stay of proceedings (an injunction) was available against the Provincial Crown despite the Crown Proceeding Act prohibiting the granting of injunctive relief against the Crown. The court concluded that proceedings brought against the Provincial Crown under the Judicial Review Procedure Act were not captured by the prohibition in the Crown Proceeding Act as judicial review proceedings do not involve a claim against the Crown, but a review of the Crown’s decision.

This is an important decision that has application to any number of administrative law and regulatory proceedings involving the Provincial Crown.

Northburn Prescriptions Ltd. v. British Columbia, 2014 BCSC 2124

Rodney Urquhart
Co-Managing Partner

Personal Property Security Act – September 2015

William Hartley, David Turner, Fraser Hartley and Riley Lalonde will be speaking to the employees of a lending client on the Personal Property Security Act and, specifically, how to maintain best practices and utilize the benefits of the Act. We will be delivering three one hour sessions on the Act providing an overview on the Act and sessions on perfection, attachment and registration and on realization and problems. Continue reading

Best Lawyers in Canada 2016 Recognizes EKB Lawyers

Congratulations to Daniel Fetterly, David Allman, Geoffrey Sherrott, John McInnis, Rodney Urquhart, Terence Stewart and William Hartley for being recognized in the 2016 edition of Best Lawyers in Canada. Daniel has been selected for Aviation Law, David for Mining Law, Geoffrey for Corporate Law, John for Mining Law and Natural Resources Law, Rodney for Business and Commercial Litigation, Terence for Corporate Law and Equipment Finance Law and William for Mergers & Acquisitions Law. Selection to Best Lawyers is based on a peer-review survey and evaluations by top lawyers.

Scott Howie joins EKB’s Business Law Team

EKB is pleased to announce Scott Howie has joined the firm as an Associate. Scott will join the corporate department and has a general corporate/commercial practice.



Scott Howie, EKB Associate

EKB wins an uphill battle on hotel construction procedural point

On March 17, 2015, EKB partner David Turner scored a noteworthy victory in opposing a plaintiff’s application to amend their pleadings. Typically, amendment applications are almost always granted unless they are made on the eve of trial or the respondent can show prejudice from the amendment that cannot be compensated in costs. EKB had no such arguments to work with here: the trial had not been set down yet, and our prejudice was largely compensable.

Our successful opposition to the application stemmed from our aggressive defense of the action. Our view was that the plaintiffs’ case had serious problems and we brought a summary trial application for dismissal of the claim against our client, Mr. Michael Babcock, and served it on the plaintiffs. Three days later, rather than answer our summary trial application, the plaintiffs filed an application to further amend to add a claim of unjust enrichment against Mr. Babcock. We opposed the motion to add this new claim on a number of legal grounds, but focused primarily on the tactics of the plaintiffs. The court found that “[r]ather than answering Mr. Babcock’s application for dismissal of their claims against him on the current pleadings, the plaintiffs, through their application to amend their pleadings by adding the claim of unjust enrichment, and the amendments to that application, have endeavoured, as counsel for Mr. Babcock put it, “to move the goal posts on Mr. Babcock.”

The court rejected the plaintiffs’ application to add the claim of unjust enrichment against Mr. Babcock and awarded us costs in any event of the cause.

Pearlman J.’s decision is of interest because it shows the court is following its mandate of providing just, speedy, inexpensive determinations of proceedings. The court saw Mr. Babcock’s aggressive defense to this case and decided that it should not be frustrated by the plaintiffs’ attempts to complicate the case rather than answer the dismissal application. The decision is encouraging to defendants who are looking for speedy dismissals of meritless claims against them.

The full case can be found here.

David Turner

Adam Barker joins EKB’s Business Law and Securities Law Practice Groups

EKB is pleased to announce that Adam J. Barker has joined the firm as an Associate.

Adam has experience in representing both private and public companies on a wide range of transactions, including asset and share acquisitions and dispositions, corporate reorganizations, shareholder agreements, joint ventures, and various forms of going public transactions and financings.


Globalaw – 20th Anniversary Commemorative Newspaper Released

EKB is a member of Globalaw, a network of 115 law firms and 4,500 lawyers, with a presence in 160 cities around the world. As a result of EKB’s membership in Globalaw, we are able to help provide our clients with access to quality legal services around the world. The global reach you need from the local law firm you trust.

Follow the attached link to download Globalaw’s Commemorative Newspaper honouring the network’s 20th anniversary.

Daniel Fetterly joins EKB’s Business Litigation Team

EKB is pleased to announce that Daniel Fetterly has joined the firm as Associate Counsel.

Mr. Fetterly has almost two decades of experience in aviation product liability defence work, both fixed-wing and rotary, and with other aviation related litigation. He also has extensive experience in other product liability cases. He has acted for defendants in numerous cases involving serious personal injuries, including mild, moderate and severe brain injuries, as well as in several wrongful death cases.

View Daniel’s Full Profile.

Daniel Fetterly Profile Picture

Daniel Fetterly, EKB Associate Counsel


Stephen D. Gill Retires

Stephen D. Gill will be retiring from EKB effective June 30, 2014. Stephen has had a distinguished career for over 40 years’ in aviation insurance claims, aviation related products liability claims, employment, corporate/commercial, securities, construction and alternate dispute resolutions. Stephen joined EKB after serving as a law clerk to Justice Emmett Hall in the Supreme Court of Canada.

The entire EKB team thanks Stephen for his outstanding service to his clients, EKB and to the legal community and wish him well in his retirement.

EKB Welcomes Laura Morrison to our Business Litigation Team

EKB is pleased to announce that Laura Morrison has joined the firm as an associate.

Ms. Morrison obtained a Bachelor of Arts degree from the University of British Columbia in 2009 and a Bachelor of Laws degree in 2013. She was called to the British Columbia Bar on May 15, 2014 after completing her articles at EKB.

Ms. Morrison has joined our business litigation team and has a general litigation practice.

View Laura’s Full Bio.

Laura Morrison Profile Picture

Laura Morrison, EKB Associate


Geoffrey Sherrott Receives Award from UBC’s Faculty of Law

EKB is pleased to announce that Geoffrey Sherrott is this year’s recipient of the UBC Faculty of Law, Adam Albright Outstanding Adjunct Professor Award. The Law Students Society annually presents one adjunct faculty member with the Adam Albright Award for Outstanding Teaching by an Adjunct Professor. Recipients of this award are both nominated and selected by students. Geoff teaches a Real Estate Transactions course at the University of British Columbia Faculty of Law.

EKB’s Aviation Law Tradition Continues

In October 2013, The Honourable Jack Edwards, Q.C., now retired, was recognized by The Canadian Bar Association (article here) as an aviator, lawyer and judge and was a leading practitioner in the field of aviation law.

EKB is pleased that Jack’s legacy in aviation law continues with the recognition of our current lawyers who are leaders in the area of aviation and transportation law. Robert Ward, Q.C. is professionally recognized in the International Who’s Who of Aviation Lawyers 2014 and Stephen Gill is listed as a “Leading Practitioner” for aviation in the Canadian LEXPERT directory and The Best Lawyers in Canada.

David Turner and Angela Folino are also members of EKB’s aviation practice team.

EKB Partners to Attend the Globalaw Annual Members Meeting in Perth

EKB partners Peter Brown and David Turner will be attending the Globalaw Annual Members Meeting in Perth, Australia next month. Globalaw is one of the world’s leading law firm networks, comprising over 100 independent law firms with approximately 4,500 lawyers practising in over 80 countries worldwide. EKB is a founding member of Globalaw. Peter Brown is a member of the Globalaw board of directors. David Turner, while now an EKB partner, will be completing his term as a participant in the Globalaw Associate Development Program.

EKB Lawyers Attend the 2013 Prospectors and Developers Association of Canada Convention

David S. Allman and John D. McInnis of EKB’s Mining Law group recently attended the 2013 Prospectors and Developers Association of Canada Convention in Toronto, the world’s largest mining industry convention with over 30,000 registrants. John and David attended both as representatives of EKB’s Natural Resources Industry Group, and as EKB representatives of Globalmine, an international network of law firms which practice in the mining sector. David and John were pleased to see familiar faces, catch up with clients and friends, and make new acquaintances in the mining industry.

EKB Welcomes David Turner as a New Partner

The partners of EKB are pleased to welcome David Turner as a new partner of the firm. Mr. Turner joined EKB in 2006 after articling with the firm. Mr. Turner obtained a Bachelor of Arts degree from the University of Victoria in 2000 and a Bachelor of Laws degree from the University of British Columbia in 2005. He was called to the British Columbia Bar in 2006 after completing his articles at EKB. Mr. Turner has a civil litigation practice with a focus on contract disputes, employment law, family law and wills and estates litigation.

View David’s Full Bio.

David Turner Profile Picture

David Turner, EKB Partner

Chambers Global 2013 Includes Two EKB Lawyers

The respected Chambers Global 2013 world lawyer rating directory, released March 15, 2013, lists EKB’s “highly experienced” partner David S. Allman for his mining law work in Latin America and EKB partner Gary Letcher as a “highly rated” noted practitioner in Environmental Law.

EKB Lawyers in Who’s Who Legal: Canada 2012

EKB’s is pleased to announce that three of our lawyers, Gary Letcher, John McInnis and David Allman, are named as leading practitioners in their areas of practice in Who’s Who Legal: Canada 2012. Gary Letcher is recognized as a leading practitioner in environment law and for his experience in advising on contaminated sites, acid mine drainage and sustainability issues. John McInnis and David Allman are named as leading practitioners in the area of mining law. John McInnis is recognized for his work on high profile negotiations for joint ventures relating to mineral exploration. David Allman is recognized for his work on advising clients of all levels on domestic and international mining issues.

Jindy Bhalla Appointed as a Non-Bencher Member of the Law Society Audit Committee

Congratulations to Jindy Bhalla on his recent appointment as a non-bencher member of the Law Society Audit Committee.

The Law Society Audit Committee assists the Benchers in determining that the financial affairs of the Society are properly managed by Law Society staff. This includes reviewing quarterly financial statements of the General, Liability Insurance and Special Compensation Funds prior to submission to the Benchers, providing an annual Audit Committee report to the Benchers and reviewing with the Law Society auditors their approach, the scope of their audit and the audit issue results.

Jindy’s appointment continues EKB’s long tradition of involvement with the Law Society of British Columbia.