Jeremy West Partner

Profile

“Litigation is an economically and emotionally challenging exercise.  When a dispute arises in either the commercial or personal arena it is vital to ensure that the initial steps taken combine both a strategic and practical approach. “

Jeremy is a Partner in the Litigation & Dispute Resolution Group at Watson Goepel LLP. He has a diverse practice, focused primarily on complex commercial disputes, real property litigation, bankruptcy and insolvency work, construction litigation, corporate disputes, injunctive relief and estate matters.

Prior to moving to Vancouver Jeremy practiced for eight years in New Zealand, with a particular focus on corporate litigation, professional indemnity and liability claims, construction, and real property disputes. Jeremy has appeared at both the trial and appellate levels in New Zealand, British Columbia and Alberta, and also has experience in the areas of arbitration and mediation.

Jeremy is an avid outdoorsman and enjoys taking his young son fishing any chance he gets.

Education 

LLB, Victoria University, New Zealand, 1996
BA in Political Science, Victoria University, New Zealand, 1995
Certificate of Qualification, National Committee of Accreditation, Federation of Law Societies of Canada, 2006

Bar

British Columbia, 2006
New Zealand, 1997

Work Highlights

Commercial litigation

Prosecuting and defending shareholder/partnerships disputes including oppression claims and derivative actions.

Zynik v. Intergulf

Lee v. Chen 2008 BCSC 1148

Claims relating to the enforceability of limitation of liability/waiver clauses.

Tuttle v. Kootenay Outfitters

Claims relating to the enforceability of guarantees.

Dass v. Rumball

Defence of defamation claims and pursuit of special costs awards for successful defence.

Casses v. Canadian Broadcasting Corporation 2015 BCSC 2150

Casses v. Canadian Broadcasting Corporation 2016 BCSC 949. 

Disputes between shareholders concerning the disposition of sale proceeds.

Gill v. Sull 2016 BCSC 70

Real estate
Claims relating to collapsed real estate deals including:

  • Claims for specific performance and damages.

Malek v. Tanbakookar 2012 BCSC 1742

  • Release/return of Deposits.
  • Issues arising out of rights of first refusal.

Alim Holdings Ltd. v. Tom Howe Holdings Ltd., 2016 BCCA 84

AD General Partners v. Gill

Acting for commercial landlords and tenants in disputes including claims:

  • for recovery of rent;
  • radius clause;
  • rent reviews;
  • distraint; and
  • relief from forfeiture.

Removal of charges from title.

Prosecuting compensation claims under the Expropriation Act.

Schiebel v. Hope 2014 BCSC 949.

Bankruptcy and insolvency
Acting for insolvency professional in proceedings under the Bankruptcy and Insolvency ActCompanies Creditor Arrangement Act and related legislation.

Defending claims advanced for:

  • profits derived ‘Ponzi’ schemes;
  • voidable preference/transaction under the Bankruptcy and Insolvency Act and related legislation; and
  • statutory trusts.

Injunctive relief
Securing injunctive relief to ensure continuity of transportation services  facing labour and other related blockades.

Securing Mareva and other protective relief in employee dishonesty claims, fraud and other related cases.

African Mixing Technologies (PTY) Limited v. Canamix Processing Systems Ltd., 2014 BCSC 2130

Applications seeking to restrain the release of shares from escrow.

Timmins Gold Corp v. Thomson 2007 BCSC 1615

Estate litigation
Claims for and against estates seeking variation of wills.

Eastman v. Eastman 2016 BCSC 1728

Negotiating variations to testamentary dispositions under the Wills Variation Act and the Wills, Estate and Succession Act.

Disciplinary/quasi-criminal investigations and proceedings
Investigations and prosecutions by regulatory organizations including:

  • Real Estate Council of British Columbia;
  • British Columbia Securities Commission/Alberta Securities Commission;
  • Investment Industry Regulatory Organisation of Canada; and
  • Institute of Chartered Accountants.

Professional and Community Affiliations

  • Director, Canadian Australian New Zealand Business Association (CANZBA).
  • Member, Canadian Bar Association.
  • Member, British Columbia Bar Association.