Lawson Lundell's Commercial Litigation and Dispute Resolution Blog follows new and interesting issues emerging in the legal and business communities. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
Practice Expertise
- Constitutional Law
- Commercial Litigation
- Administrative Law
- Public Law
Areas of Practice
- Constitutional Law
- Commercial Litigation
- Administrative Law
- Public Law
Profile
Tom is a commercial litigator, with experience in complex commercial disputes, environmental matters, and real estate and construction litigation.
Tom has appeared before all levels of court in British Columbia as lead counsel, and conducted numerous arbitrations and mediations. Tom has particular experience in the following areas:
- all aspects of real estate litigation, including closing disputes, complex property transactions, challenges to certificates of pending litigation and landlord and tenant matters, including ARI-C application hearings and advice;
- injunctions, including emergency injunctions;
- environmental matters, permitting and licensing challenges, and contaminated sites claims under the Environmental Management Act;
- aboriginal title and project matters;
- construction disputes, including resolving contested lien claims on an urgent basis;
- corporate governance and shareholders disputes; and
- complex contractual disputes.
Tom was recognized for Corporate and Commercial Litigation and Administrative and Public Law in Best Lawyers: Ones to Watch in Canada for 2024. Tom joined Lawson Lundell in 2015. Prior to coming to Canada, Tom practiced commercial litigation in London (UK) from 2011.
Tom has appeared before all levels of court in British Columbia as lead counsel, and conducted numerous arbitrations and mediations. Tom has particular experience in the following areas:
- all aspects of real estate litigation, including closing disputes, complex property transactions, challenges to certificates of pending litigation and landlord and tenant matters, including ARI-C application hearings and advice;
- injunctions, including emergency injunctions;
- environmental matters, permitting and licensing challenges, and contaminated sites claims under the Environmental Management Act;
- aboriginal title and project matters;
- construction disputes, including resolving contested lien claims on an urgent basis;
- corporate governance and shareholders disputes; and
- complex contractual disputes.
Tom was recognized for Corporate and Commercial Litigation and Administrative and Public Law in Best Lawyers: Ones to Watch in Canada for 2024. Tom joined Lawson Lundell in 2015. Prior to coming to Canada, Tom practiced commercial litigation in London (UK) from 2011.
Bar Admissions
Called to the British Columbia Bar, 2016
Solicitor of the Senior Court of England and Wales, 2013 (non-practicing)
Education
University of Law, London, LL.B., 2011
University of Cambridge, M.A. (Cantab), 2008
Areas of Practice
- Constitutional Law
- Commercial Litigation
- Administrative Law
- Public Law
Professional Career
Significant Accomplishments
* Watakhayetsxw v Chief Executive Assessment Officer, 2025 BCSC 1692 - Represented pipeline developer, successfully opposing application for judicial review and injunctive relief during Environmental Assessment process on the basis of inadequate consultation. Judicial review was dismissed in its entirety, with a finding in the alternative that consultation had been sufficient.
* 350 Doyle Avenue Holdings v City of Kelowna (unreported 2025 decision) - Obtained emergency injunction for major development in downtown Kelowna, preventing termination of client's 99 year interest in land to allow client's judicial review to proceed.
* Chillibowl Lanes Ltd. v Influent Group Holdings Inc., 2025 BCSC 2262 - Obtained judgment on summary trial and award of $600,000 deposit. Our client was a developer in a failed share purchase / real estate transaction. Successfully argued that the transaction was unenforceable as an agreement to agree from the outset, and that deposit funds should be returned to our client in full.
* Represented residential landlords in series of ARI-C application hearings, obtaining recovery of millions of dollars of capital expenditures.
* DPM Rental Management v Dobson (unreported 2025 decision) - Obtained rare injunction restraining online defamation pending trial.
* Represented forestry company in Teal Jones CCAA proceedings aimed at preserving critical supply rights (ongoing, part reported at Teal-Jones Group (Re), 2025 BCSC 861)
Skii Km Lax Ha v. Chief Executive Assessment Officer et al., 2024 BCSC 1687 - Resisted application from first nation for judicial review of transfer of Environmental Certificate, on the basis of a breach of the duty to consult, on behalf of mining client.
* Moore v. Cheung, 2024 BCSC 2312 - Successfully opposed judicial review proceedings on behalf of landlord seeking eviction of tenant (ongoing).
* Represented fruit and vegetable producer in judicial review of commission and board decisions (ongoing).
* Kainth v. Marcon Davie Properties Ltd. et al, 2024 BCSC 101 - Obtained summary dismissal for property developer prior to trial. Case involved allegations of implied agency in dispute over assignment of a pre-sale contract.
* Bridal Falls Development Corp. v Bridal Falls RV Park Inc., 2023 BCSC 1496 - Obtained summary judgment for a specific performance claim and release of CPL security of $500,000 for developer client in the context of a collapsed sale of development lands.
* Negotiated settlement of dispute over historical forestry rights agreement for forestry company, with an estimated value of $100 million.
* Bang v Kim, 2022 BCSC 1893 - Succeeded in twin applications staying defendants' counterclaim in its entirety on jurisdictional grounds, and striking the majority of defendants' response as failing to disclose claims at law. Unusually, on jurisdiction, the counterclaim was stayed on both territorial competence and forum non conveniens. Upheld by the Court of Appeal (2024 BCCA 88; 2024 BCCA 174), leave to appeal to Supreme Court of Canada denied.
* 0733603 B.C. Ltd. v. City of Vancouver, 2022 BCSC 1302 - Brought a judicial review striking down a City of Vancouver bylaw as ultra vires. The bylaw at issue fixed rents for vacant units in designated buildings in perpetuity, and the court agreed with our client's position, that the dominant purpose of the legislation was outside the scope of the Vancouver Charter. Upheld by the * * * * Court of Appeal (2024 BCCA 37), leave to appeal to Supreme Court of Canada denied.
* Tai An Holding Company Ltd. v Boyal, 2022 BCSC 821 - Succeeded at summary trial for construction costs from former owners in the context of the purchase of a large franchised hotel.
* Bear Creek Contracting Ltd. v. Pretium Exploration Inc., 2020 BCSC 1523 - Acted for mining company in $15m dispute over construction costs of Brucejack Mine in northern BC. Successfully defended application to add claims based on alleged breaches of holdback obligations, in context of multiple CCAA proceedings.
* Shape Abbotsford West Limited Partnership v 577374 Ontario Ltd., 2020 BCSC 1153 - Succeeded at summary trial for judgment and indemnification of unpaid commercial rent by parent company.
* Jedd Ent. Ltd. and Hilltop Sales & Services Ltd. v Actton Petroleum Sales Ltd., 2020 BCSC 131 - Resisted application to add client (historical gas company) as a defendant in an Environmental Management Act claim prior to trial.
* Massie v Colliers Macaulay Nicolls Inc., 2019 BCSC 829 - Won at trial, defending claim in contract and unjust enrichment for an alleged oral referral fee on sale of an organic farm. Claim dismissed in its entirety.
* Netlink Computer Inc. (Re), 2019 BCSC 201 - Successfully opposed appeal of order refusing leave to bring proceeding against receiver of bankrupt technology company. The underlying application involved the first attempt in Canada to bring class action proceedings against a court appointed receiver.
* Briman Management Ltd. v Solehdin, 2019 BCSC 1971 - Obtained dismissal of $5.3 million claim for want of prosecution. The decision involved questions of whether parties could contract out of the courts' supervisory power to dismiss claims.
* Forjay Management Ltd. v 0981478 B.C. Ltd., 2018 BCSC 1023 - Obtained order permitting access to unredacted receiver's reports in context of claim from group of fifty purchasers of pre-sale development units which had been sold to multiple purchasers.
* Represented forestry company in Teal Jones CCAA proceedings aimed at preserving critical supply rights (ongoing, part reported at Teal-Jones Group (Re), 2025 BCSC 861)
Professional Associations
Recognition and Ranking
* Best Lawyers in Canada 2024-2025: 'Ones to Watch' - Administrative & Public Law, and Corporate & Commercial Litigation
* Best Lawyers in Canada 2024-2025: 'Ones to Watch' - Corporate & Commercial Litigation
Professional Activities and Experience
* Law Courts Inn, Director (since 2020)
* Canadian Bar Association, Member
* Law Society of British Columbia, Member
* Vancouver Bar Association, Member
* Watakhayetsxw v Chief Executive Assessment Officer, 2025 BCSC 1692 - Represented pipeline developer, successfully opposing application for judicial review and injunctive relief during Environmental Assessment process on the basis of inadequate consultation. Judicial review was dismissed in its entirety, with a finding in the alternative that consultation had been sufficient.
* 350 Doyle Avenue Holdings v City of Kelowna (unreported 2025 decision) - Obtained emergency injunction for major development in downtown Kelowna, preventing termination of client's 99 year interest in land to allow client's judicial review to proceed.
* Chillibowl Lanes Ltd. v Influent Group Holdings Inc., 2025 BCSC 2262 - Obtained judgment on summary trial and award of $600,000 deposit. Our client was a developer in a failed share purchase / real estate transaction. Successfully argued that the transaction was unenforceable as an agreement to agree from the outset, and that deposit funds should be returned to our client in full.
* Represented residential landlords in series of ARI-C application hearings, obtaining recovery of millions of dollars of capital expenditures.
* DPM Rental Management v Dobson (unreported 2025 decision) - Obtained rare injunction restraining online defamation pending trial.
* Represented forestry company in Teal Jones CCAA proceedings aimed at preserving critical supply rights (ongoing, part reported at Teal-Jones Group (Re), 2025 BCSC 861)
Skii Km Lax Ha v. Chief Executive Assessment Officer et al., 2024 BCSC 1687 - Resisted application from first nation for judicial review of transfer of Environmental Certificate, on the basis of a breach of the duty to consult, on behalf of mining client.
* Moore v. Cheung, 2024 BCSC 2312 - Successfully opposed judicial review proceedings on behalf of landlord seeking eviction of tenant (ongoing).
* Represented fruit and vegetable producer in judicial review of commission and board decisions (ongoing).
* Kainth v. Marcon Davie Properties Ltd. et al, 2024 BCSC 101 - Obtained summary dismissal for property developer prior to trial. Case involved allegations of implied agency in dispute over assignment of a pre-sale contract.
* Bridal Falls Development Corp. v Bridal Falls RV Park Inc., 2023 BCSC 1496 - Obtained summary judgment for a specific performance claim and release of CPL security of $500,000 for developer client in the context of a collapsed sale of development lands.
* Negotiated settlement of dispute over historical forestry rights agreement for forestry company, with an estimated value of $100 million.
* Bang v Kim, 2022 BCSC 1893 - Succeeded in twin applications staying defendants' counterclaim in its entirety on jurisdictional grounds, and striking the majority of defendants' response as failing to disclose claims at law. Unusually, on jurisdiction, the counterclaim was stayed on both territorial competence and forum non conveniens. Upheld by the Court of Appeal (2024 BCCA 88; 2024 BCCA 174), leave to appeal to Supreme Court of Canada denied.
* 0733603 B.C. Ltd. v. City of Vancouver, 2022 BCSC 1302 - Brought a judicial review striking down a City of Vancouver bylaw as ultra vires. The bylaw at issue fixed rents for vacant units in designated buildings in perpetuity, and the court agreed with our client's position, that the dominant purpose of the legislation was outside the scope of the Vancouver Charter. Upheld by the * * * * Court of Appeal (2024 BCCA 37), leave to appeal to Supreme Court of Canada denied.
* Tai An Holding Company Ltd. v Boyal, 2022 BCSC 821 - Succeeded at summary trial for construction costs from former owners in the context of the purchase of a large franchised hotel.
* Bear Creek Contracting Ltd. v. Pretium Exploration Inc., 2020 BCSC 1523 - Acted for mining company in $15m dispute over construction costs of Brucejack Mine in northern BC. Successfully defended application to add claims based on alleged breaches of holdback obligations, in context of multiple CCAA proceedings.
* Shape Abbotsford West Limited Partnership v 577374 Ontario Ltd., 2020 BCSC 1153 - Succeeded at summary trial for judgment and indemnification of unpaid commercial rent by parent company.
* Jedd Ent. Ltd. and Hilltop Sales & Services Ltd. v Actton Petroleum Sales Ltd., 2020 BCSC 131 - Resisted application to add client (historical gas company) as a defendant in an Environmental Management Act claim prior to trial.
* Massie v Colliers Macaulay Nicolls Inc., 2019 BCSC 829 - Won at trial, defending claim in contract and unjust enrichment for an alleged oral referral fee on sale of an organic farm. Claim dismissed in its entirety.
* Netlink Computer Inc. (Re), 2019 BCSC 201 - Successfully opposed appeal of order refusing leave to bring proceeding against receiver of bankrupt technology company. The underlying application involved the first attempt in Canada to bring class action proceedings against a court appointed receiver.
* Briman Management Ltd. v Solehdin, 2019 BCSC 1971 - Obtained dismissal of $5.3 million claim for want of prosecution. The decision involved questions of whether parties could contract out of the courts' supervisory power to dismiss claims.
* Forjay Management Ltd. v 0981478 B.C. Ltd., 2018 BCSC 1023 - Obtained order permitting access to unredacted receiver's reports in context of claim from group of fifty purchasers of pre-sale development units which had been sold to multiple purchasers.
* Represented forestry company in Teal Jones CCAA proceedings aimed at preserving critical supply rights (ongoing, part reported at Teal-Jones Group (Re), 2025 BCSC 861)
Professional Associations
Recognition and Ranking
* Best Lawyers in Canada 2024-2025: 'Ones to Watch' - Administrative & Public Law, and Corporate & Commercial Litigation
* Best Lawyers in Canada 2024-2025: 'Ones to Watch' - Corporate & Commercial Litigation
Professional Activities and Experience
* Law Courts Inn, Director (since 2020)
* Canadian Bar Association, Member
* Law Society of British Columbia, Member
* Vancouver Bar Association, Member
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North of 60 Blog
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Privacy & Data Management Blog
This blog is authored by members of the Privacy & Data Management Department. We follow new and interesting issues emerging in the legal and business communities. We follow emerging issues, legal developments, and new technology as they impact privacy and data management. We will focus on how organizations can protect, manage and innovate with information considering the various risks, regulatory and governance requirements.
The Business Law Blog
This blog is authored by members of the Litigation and Dispute Resolution Department. We intend to follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
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