Craig A.B. Ferris QC, FCIArb

Representative experience includes:

• Successfully defeated an application for certification of a proposed consumer class action relating to claims of unjust enrichment, unconscionability, criminal interest and deceptive practices with respect to violation notices issued for parking vehicles in private parking lots without a valid prepaid parking ticket (Webster et al v. Robbins Parking Service Ltd. and Imperial Parking Canada Corporation, 2016 BCSC 1863)
• Successfully established crown immunity from the application of the GST for pooled investment portfolios used to fund certain public section pension plans (British Columbia Investment Management Corporation v. Canada (Attorney General) 2016 BCSC 1803)
• Substantially successful in an appeal from the certification of a class proceeding resulting in the dismissal of 2 of the 3 causes of action alleged against our client. The class action relates to a long term disability plan available to disabled union members whose benefits were reduced due to a deficit in the fund utilized by Trustees to provide the benefits (Watt et al v. Health Sciences Association, 2016 BCCA 325)
• Successfully represented the British Columbia Investment Management Corporation, at both the trial and the appellate levels,  in a jurisdictional challenge in relation to its claim for crown immunity from the application of the Excise Tax Act (Canada).  (bcIMC v. Canada, 2014 BCSC 1296; bcIMC v. Canada, 2015 BCCA 373).
• Successfully represented an equity lender in the enforcement of a complex multi-property, multi-borrower mortgage enforcement proceeding and defeated a related counterclaim. The action raised issues of unconscionability, fiduciary duty, abuse of a Power of Attorney and various statutory claims. (Canmerica Mortgage Corporation v. Yu, 2015 BCSC 773)
• Represented the Canadian Bar Association as an intervener in the Supreme Court ourt of Canada in a successful constitutional challenge to the application of money laundering laws to lawyers in Canada. The decision supported the protection of solicitor client privilege as a constitutional principle and established the lawyers' duty of commitment to his or her client as a principle of fundamental justice in Canada. (Canada (Attorney General) v. Federation of Law Societies of Canada, 2015 SCC 7). 
• Successfully represented the British Columbia Pension Corporation in a dispute alleging the wrongful payment of a survivor’s pension benefit. (Fricker v. British Columbia Pension Corporation et al, 2014 BCSC 1729).
• Successfully defended at trial and on appeal a complex commercial claim involving breach of fiduciary duty and professional negligence in the context of a  real estate acquisition and proposed development in British Columbia.  The claim involved allegations relating to the both the solicitation of the investment, and the operation of the limited partnership which acquired the real estate. (Voegtlin v. Paprotka, 2013 BCSC 1613, 2014 BCCA 323).
• Successfully represented a real estate developer in an action brought pursuant to the Real Estate Development Marketing Act (British Columbia) asserting rescission of a pre-construction contract of purchase and sale of a residential condominium due to alleged misrepresentations (Chaisson v. Avra Development Corp. 2014 BCSC  925). 
• In 2013/14, successfully represented an international mining client in a private arbitration concerning an option agreement related to an exploration property located in Africa.
• Successfully challenged and overturned the election of directors and the passing of all resolutions at an annual general meeting of a publicly traded company and obtained an order for a new meeting. In doing so, Craig had a proxy solicitation system provided by a major Canadian proxy solicitation service found to be oppressive to the company’s shareholders (International Energy and Mineral Resources (Hong Kong) Company Limited v. Mosquito Consolidated Gold Mines Limited, 2012 BCSC 1191).
• In 2012, successfully represented a bio-energy producer in a private arbitration and obtained an award relating to the value of bio-fuel from a specific supplier.
• Argued a leading decision on the question of the waiver of privilege over client communications in the context of a law firm’s defence of a claim by a non-client (Voegtlin v. Paprotka, 2012 BCSC 728).
• British Columbia Court of Appeal substantially adopted our position with respect to the commencement of a limitation period in an intended class proceeding arising in the pension context. (Weldon v. Agrium Inc., 2012 BCCA 53)
• Successfully obtained an order for special costs against the Defendant due to his conduct.  Resolved the costs award for a 90% indemnity of the total actual legal fees incurred throughout the proceeding (Hoffman v. Percheson, 2011 BCSC 1175)
• Successfully defended a mortgage lender accused of fraudulently failing to account for mortgage payments alleged to be part of a scheme to avoid taxation. Extensive reasons were given dismissing the allegations on the basis of the borrower's and his agent's lack of credibility. (Hoffman v. Percheson, 2011 BCSC 770)
• Successfully obtained a mutli-million dollar judgment in relation to a complex limited partnership/debt dispute on a summary trial application (Tocchio v. Graoch Associated Limited Partnership (BCSC Action No. S110326), April 6, 2011)
• Obtained an order disqualifying counsel for the opposing party based on a conflict of interest (Roeder v. Chamberlain and Davies & Company, 2010 BCSC 920)
• Successfully obtained a judgment ordering that two legal proceedings commenced in British Columbia against Alberta lawyers be transferred to the Alberta Court of Queen's Bench (Broman v. Machida Mack Shewchuk Meagher LLP, 2010 BCSC 760)
• Successfully obtained summary dismissal of a claim of breach of duty and negligence against a Pension Administrator (Estate of Martens v. Martens and BC Pension Corporation, 2009 BCSC 1477, 2010 BCCA 326)
• Successfully defeated an application to stay a British Columbia Supreme Court proceeding in favour of arbitration under the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce (H & H Marine Engine Service Ltd. v. Volvo Penta of the Americas, Inc., 2009 BCSC 1389)
• In 2008, successfully represented an international mining client in a private arbitration and obtained an award with respect to the proper interpretation of the contractual formula for the calculation of a royalty payment
• Successfully obtained an appraisal remedy for the same price as the underlying take-over bid (Ashton Mining of Canada Inc. v. Vesuna et al., 2007 BCSC 1374, 2008 BCCA 248)
• Succeeded in proving fraud against a claimant of disability benefits from a benefit trust (The Trustees of the IWA- Forestry Industry Ltd. Plan v. Bhullar, 2008 BCSC 168)
• Overturned on appeal certification of a major pension class proceeding and obtained a stay of that proceeding in favour of arbitration (Ruddell v. BC Rail Ltd. 2007 BCCA 269)
• Successfully defended a Petition challenging the approval of a second step business combination under OSC Policy 61-501 and alleging oppression (Bingham v. Ashton Mining of Canada Inc., 2007 BCSC 281)
• Successfully overturned on appeal certification of a major pension class proceeding (Williams v. College Pension Board, 2007 BCCA 19)
• Successfully defended a shareholder’s right plan before the British Columbia Securities Commission (Re. Imperial Metals Corporation, CAT-Gold Corporation and bcMetals Corporation, November 10, 2006)