Representative Transactions: Litigation + ADR

• Lead counsel for the British Columbia Housing Management Commission prosecuting claims on approximately 100 multi-residential "leaky condo" buildings involving defective building envelopes. This complex construction litigation involves multiple defendants in each action. In that role, provided initial strategy for the proceedings and subsequently supervised the sevel lawyer team prosecuting the actions. Coast Foundation v. Currie, 2003 BCSC 1781.
  Boughton Contact: James M. Coady
  
  
• Counsel for a strata corporation which is, to the best of our knowledge, one of the largest damage claims arising out of multi-residential high rise building envelope failure claims in the province. The Owners of Strata Plan VR2540 v. Redden & Associates Management Ltd., BCSC S030328.
  Boughton Contact: James M. Coady
   
• Counsel for the Ta'an Kwach'an First Nation in a claim against Yukon Governement for breach of constitutional duties to consult and accommodate. Ta'an Kwach'an Council v. Government of Yukon YKSC 05-A0206.
  Boughton Contact: James M. Coady
  
  
• Counsel for Council of Yukon First Nations breach of constitutional duties to consult and accommodate. Little Salmon / Carmacks First Nation v. The Government of Yukon, 2007 YKSC (CanLII), 2008, 2008 YKSC 13 (CanLII), leave to appeal to SCC granted January 29, 2009.
  Boughton Contact: James M. Coady
  
  
• Counsel for the owner/developer in claims for professional negligence for two landslides in a large subdivision in the City of Port Moody. Bedford Developments (Canada) Ltd. v. McElhanney Engineering Services Ltd. and Terra Engineering Ltd., BCSC C930010.
  Boughton Contact: James M. Coady
  
  
• Counsel for building owners in claims for professional negligence for the Brentwood Lanes roof collapse in Burnaby, BC. Brentwood Lanes Holdings Ltd. v. Vladamir Plavsic, BCSC C913322.
  Boughton Contact: James M. Coady
  
  
• Trial Counsel for the Public Guardian and Trustee of British Columbia in two leading Patient Property Act cases: O'Hagen v. O'Hagen, [1999] B.C.J. No. 431 (S.C.) (QL), reversed on appeal, 2000 BCCA 79; and British Columbia (Public Trustee) v. Bradley Estate, [1999] B.C.J. No. 123 (S.C.) (QL), reversed on appeal, 2000 BCCA 78.
  Boughton Contact: James M. Coady
  
  
• Counsel for quadriplegic Plaintiff in an action involving the issue of an employer supplying alcohol to its employees during work hours and its liability in those circumstances. Jacobsen v. Nike, [1996] 6 W.W.R. 488 (B.C.S.C.).
  Boughton Contact: James M. Coady
  
  
• Successfully defended the insurer, including the dismissal of a quadriplegia claim against a manufacturer of a pool slide in which leave to appeal to the Supreme Court of Canada was refused. Krusel v. Firth (1991), 56 B.C.L.R. (2d) 96 (S.C.) and affirmed (1991), 58 B.C.L.R. (2d) 145 (C.A.).
  Boughton Contact: James M. Coady
  
  
• Plaintiff's counsel in Sum v. Kan (1995), 8 B.C.L.R. (3d) 91 (S.C.) and affirmed (1997), 44 B.C.L.R. (3d) (C.A.) which, to our knolwedge, is currently the largest award in British Columbia for the wrongful death of a child.
  Boughton Contact: James M. Coady
  
  
• Counsel for a major contractor in actions regarding the tenders on construction contracts: Peter Kiewit & Sons Co. Ltd. v. Richmond (City) (1992), 1 C.L.R. (2d) 5 (B.C.S.C.); British Columbia v. SCI Engineers & Constructors Inc. and Peter Kiewit & Sons Co. Ltd., [1993] B.C.J. No. 248 (C.A.) (QL).
  Boughton Contact: James M. Coady
  
  
• Counsel for the insurer of pipeline seal manufacturer in a failed pipeline in Port Coquitlam, BC. Canron West Inc. v. Forsheda Pipe Seal Corp., BCSC C896085.
  Boughton Contact: James M. Coady
  
  
• Counsel for the Contractor in an action brought for an alleged failed water system for Queen Charlotte City. Skeena-Queen Charlotte (Regional District) v. Fownes Contracting (1980) Ltd., BCSC C865180.
  Boughton Contact: James M. Coady
  

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