Peter J. Roberts KC

Peter's experience includes the following:

Commercial Litigation

B2Gold v. Condor Resources PLC, 2015 BCSC 1548Obtained declaration regarding enforceability and transfer of a historical Net Smelter Return Royalty Agreement in the context of a concession swap for Nicaraguan mining claims. Kennedy v. Coe, 2014 BCSC 120Successful defence of wrongful death claim brought by widow of heli-ski participant against the “ski buddy”.Wiebe v. Federal Pioneer Ltd. and others, B.C.S.C. Vancouver SOO3235.Defended Federal Pioneer Ltd. and Schneider Canada Inc. in a products liability claim involving the design and manufacture of commercial electrical equipment. The claim involved an explosion and fire in a hotel and was dismissed.Great Canadian Casino v. Schneider Canada Inc., B.C.S.C. Vcr. Reg. Action No. S065158, Oral Reasons, November 25, 2011Successfully defeated a products liability claim against an electrical manufacturer for the negligent design and manufacture of process logic controllers used in a municipal sanitary lift station.National Importers Ltd. v. Williams Foods, 2006 BCSC No. S042501Successful defence of a claim for damages in breach of a terminated distribution agreement.Amos v. Virk, 2003 BCCA 449A decision of the Court of Appeal regarding the production of documents in the possession of third parties.Repap B.C. v. Electronic Technology Systems, Inc. and others, 2002 BCSC 539A complex commercial dispute involving a successful determination of the terms of a commercial contract regarding the repair of a steam turbine (colloquially referred to as “The Battle of the Forms”).

Real Estate

In the Matter of the Application for the Wind-Up of Strata Plan NW422 (Cottonwood), 2016 BCSC 285Successful application to wind-up a strata corporation for the purposes of sale to a developer over the opposition of a minority of strata owners. McRae v. Seymour Village Management Inc., 2014 BCSC 714Acting for 87 of 114 registered owners, obtained order for sale of 6.25 acre common law residential cooperative under the Partition of Property Act.The Board of Education of School District No. 39 (Vancouver) et al., v. HMTQ et al., SCBC Vancouver Registry No. S-136131Successful application under Property Law Act to amend restrictive covenant registered on title to Andy Livingston Park in Vancouver for the purposes of allowing construction of a school in neighbouring airspace parcel.Canadian Petcetera Limited Partnership v. 2876 R Holdings, 2009 BCSC 1135); Upheld on appeal: 2010 BCCA 469.Successfully challenged wrongful termination of lease by landlord.Daflos v. Board of School Trustees, 2002 BCCA 475A successful appeal against an award of penalty interest in an expropriation compensation hearing.

Fraud Claims

West Care Medical Ltd. v. Brown, 2009 BCSC No. S096285Obtained Mareva Injunction, document recovery orders and $1.4 million judgment on behalf of client following discovery of defalcation by former employee.Royal Vancouver Yacht Club v. Datsko, 2007 BCSC No.S076896Obtained judgment and recovery on behalf of RVYC following the discovery of the theft of a significant amount of money by a former employee. This case involved obtaining several Mareva injunctions to freeze and trace property.

Defamation

Lewis v. Abel and others, 2007 BCSC 604Successful defence of a defamation claim alleging malice against three medical professionals in the context of their work in a specialized hospital team.Schut v. Magee, 2003 BCCA 417A case involving a successful trial and appellate defence of a claim for defamation brought by one professional against others.

Banking & Finance

Bankers Mortgage Corp. v. Plaza 500 Hotels Ltd., 2016 BCSC 722Successful enforcement of a borrower's "exit fee" obligation payable to lender's mortgage broker where borrower raised defences of contraventions of Interest Act and common law penalty in an effort to avoid payment.Moffoot v. Royal Bank of Canada and others, 2014 BCSC 1387Obtained dismissal of complicated mortgage fraud claim against a financial institution in protracted multi-party litigation.Bank of Montreal v. Tolo-Pacific Consolidated Industries Corp., 2012 BCSC 1785. Obtained judgment on personal guarantees for secured creditor and defeated protracted claim for improvident realization of debtor’s assets.HSBC Bank Canada v. Kupritz, 2011 BCSC 788Defeated allegations of improvident realization of corporate debtor's assets raised by personal guarantors against a secured creditor as a defence to liability under their guarantees. Obtained judgment against personal guarantors.Bank of Montreal v. Blanshard Manor, 2009 BCSC 972Obtained enforcement of mortgage terms in complicated, multi-million dollar commercial foreclosure proceeding that was referred to the trial list.

Bankruptcy & Insolvency

Fisgard v. Bond Street, 2012 NWTSC 11Acted for lien holder in priority dispute with mortgagee over proceeds of sale of a failed real estate development. Cliffs Over Maple Bay (Re), 2011 BCCA 346Successfully assert solicitor's lien in priority to secured creditors in the context of a failed Companies Creditors' Arrangement Act proceeding.Brebber v. Dodd, 2011 BCSC 200; Receivership of Pope & Talbot Ltd., 2009 BCSC 1738, 2011 BCSC 789; Pope & Talbot Ltd. (Re), 2011 BCCA 326; Pope & Talbot Ltd. (Re), 2009 BCSC 1823, 2010 BCSC 757, 1885, 1889, 1902, 2011 BCSC 139Acted for former employees of a bankrupt pulp mill in unpaid wage claim against former directors in the context of a cross-border CCAA proceeding. Claims involved complicated insolvency, priority, insurance coverage and director’s liability issues.Forsyth (Re), 2010 BCSC 1720Successfully set aside a Declaration of Trust as a "sham". The trust purported to make the registered owner of land simply a "bare trustee" for an insolvent company and defeat numerous creditors. Bankruptcy of T.S. Gill, 2005 BCSC 227586/VA-02Acted as legal counsel to the Trustee in Bankruptcy of Tarsem Singh Gill (Martin Wirick’s client). This included obtaining nine separate injunctions to prevent the dissipation of estate property and trace them to and through third parties for the recovery of that property in the context of a complicated bankruptcy.The retainer involved over 270 separate legal actions including tracing claims, fraudulent preference and conveyance claims and fraud claims.

Estate Litigation

Brown v. Estate of Pearce, 2014 BCSC 1402Successful defence of wills variation claim brought by adult son seeking to vary his deceased mother’s will.

Class Proceedings

Elms v. Laurentian Bank of Canada, 2000 B.C.S.C. 796; Upheld on appeal: 2001 BCCA 429The certification of a class action in a claim by investors against a bank and solicitor.