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Jeremy West

Jeremy West

“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."

Contact Info

Phone:
604.642.5684

Fax:
604.688.8193

Reception Phone:
604.688.1301

VCard:
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Assistant Info

Name:

Chelsey Cochrane

Phone:
604.642.5695

Services

Litigation & Dispute Resolution

Jeremy West* practices in the Litigation and Dispute Resolution areas, excelling in matters of insolvency and restructuring, complex commercial disputes, real property litigation, corporate disputes, injunctive relief, and estate matters requires extensive knowledge.

With over 25 years of experience, Jeremy has worked on numerous challenging litigation engagements globally. 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, 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 now sits as the Group Practice Leader and Partner for the Litigation & Dispute Resolution team.

Jeremy is an avid outdoorsman and enjoys heading to the hills or the ocean any chance he gets.

Education

  • LL.B., Victoria University, New Zealand, 1996
  • B.A. 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 Act, Companies 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.
  • Defence of defamation claims and pursuit of special costs awards for successful defence.
  • Disputes between shareholders concerning the disposition of sale proceeds.

Real Estate

  • Claims relating to collapsed real estate deals including:
  • Claims for specific performance and damages.
  • 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.

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 of, Canadian Bar Association
  • Member, of United Rugby Club

Recognition

*Practicing through a Professional Law Corporation.

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