Jeremy D West | Watson Goepel LLP

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. With over 20 years of experience, Jeremy’s diverse practice focuses primarily on insolvency and restructuring, complex commercial disputes, real property litigation, 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

insolvency and Restructuring

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

All Canadian Investment Corporation (Re), 2020 BCSC 1683

Counsel for the Trustee:

  • Army & Navy Stores Inc.
  • Kamloops Chrysler Dodge Jeep Ram Ltd.
  • Craft Collective Beerworks

Defending claims advanced for:

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

Commercial litigation

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

Zynik Capital Corporation v. Faris, 2007 BCSC 527

Lee v. Chen 2008 BCSC 1148

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

Claims relating to the enforceability of guarantees.

Dass v. Rumball, 2015 BCSC 343

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 Partner Inc. v. Gill, 2017 BCSC 1099 

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.

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 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;
  • Institute of Chartered Accountants;
  • College of Physical Therapists of British Columbia;
  • College of Veterinarians of British Columbia, and;
  • Commission of Inquiry into Money Laundering in British Columbia.

Publications and Presentations

Professional and Community Affiliations

  • Director, Canadian Australian New Zealand Business Association (CANZBA).
  • Member, Canadian Bar Association.
  • Member, United Rugby Club.

* Practicing through a Professional Law Corporation.

Recent news from Jeremy West

15 March 2021

But I need an interpreter! Who pays the cost in a bankruptcy?

In a summary bankruptcy administration, the fees and disbursements of a trustee are prescribed by Rule 128 of the Bankruptcy and Insolvency General Rules. Those costs recognize the summary nature of the appointment and require practical and cost-effective administration management by a trustee. So what happens if a trustee is compelled to incur costs (in…

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25 February 2021

Presentation: Bankruptcy & Insolvency Issues in Family Law

Jeremy West, Partner in our Litigation & Dispute Resolution Group, co-presented with David Boale of Boal, Wood & Company Ltd. to the Canadian Bar Association, Family Law Subsection on “Bankruptcy & Insolvency Issues in Family Law”. Topics discussed included: process of assignment & timing issues stay of proceedings issues facing trustees joint property joint debt…

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A physical gold dollar sign in a glass enclosure representing a trust

20 February 2019

It’s not really mine, it belongs to my “Trust”

The use of trusts and other vehicles for business and asset protection purposes (amongst other things) is a long-standing practice. If structured appropriately such entities can provide a number of financial, tax and other benefits. However, simply setting up a trust, or purporting to move assets into it, does not necessarily provide creditor protection, particularly…

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