Representative Cases
The following are examples of cases in which Matthew has acted.
Tort Cases
Acted for investors in a claim brought against the former directors and officers of a mining company on the basis of alleged misrepresentations and breach of duties.
Defended a company in the cannabis industry against a claim of misrepresentation brought by a counterparty in a contemplated business transaction.
Defended a mineral exploration company against a claim of unlawful interference with economic relations brought by a competitor.
Acted for a manufacturer of dairy products in a claim against a supplier for the negligent manufacture and provision of supplies used in the manufacturing process.
Defended an accounting firm against claims of professional negligence.
Acted for clients in claims of defamation against publishers of defamatory statements.
Corporate and Securities Cases
Acted for an investment firm in connection with various petition proceedings in the context of a proxy contest for the control of a public mining company.
Acted for a mineral exploration company in a proxy contest commenced by a dissident shareholder which sought to make various changes to the company’s board.
Acted for a shale gas exploration and production company in share appraisal remedy proceedings brought by dissenting shareholders in respect of a plan of arrangement.
Acted for public and private companies in numerous corporate plans of arrangement.
Defended a mineral exploration company and its CEO in respect of various alleged breaches of securities legislation and regulations.
Contract Disputes
Defended a technology company against a claim by its former business broker for a success fee in respect of a contemplated corporate acquisition.
Acted for an e-commerce company in disputes with its third party logistics providers in connection with challenges arising from the effects of COVID-19.
Defended a technology company in a dispute concerning unauthorized use of software.
Acted for an investment firm in a claim of breach of non-competition, non-solicitation and confidentiality obligations by a departing partner.
Defended a mineral exploration company in a dispute regarding alleged entitlement to a contractual finder’s fee in connection with a financing.
Acted for various clients in proceedings to stay or transfer proceedings on the basis of forum selection clauses or other jurisdictional matters.
Defended a financial institution against a claim for unpaid commission by a former employee.
Acted for companies and individuals in various industries in claims against former clients for unpaid invoices.
Injunctions
Acted for an investment firm in seeking an injunction to restrain a departing partner from breaching non-competition, non-solicitation and confidentiality obligations.
Defended a client against an application for an injunction to restrain alleged conduct allegedly in breach of a non-competition clause.
Acted for employers seeking injunctive relief against departing employees in breach of their confidentiality, non-solicitation and non-competition obligations and other duties.
Real Estate and Construction Disputes
Acted for clients in a dispute concerning the division of significant real estate holdings.
Acted for a seller of commercial real estate in a claim against a purchaser for damages resulting from the purchaser’s failure to complete the sales transaction.
Defended a seller of commercial real estate in a dispute involving entitlement to a deposit paid by the buyer in connection with a contemplated real estate acquisition.
Acted for various commercial landlords in disputes with their tenants.
Acted for a company in the mineral preparation and laboratory testing service industry in a claim against various parties in connection with the construction of a testing facility.
Acted for an airline in a claim against various firms in connection with the construction of an airline facility.
Defended a real estate development company against claims brought by contractors.
Acted for real property owners in nuisance disputes with their neighbours.
Bankruptcy and Insolvency Cases
Acted for various creditors and other stakeholders in numerous restructuring, receivership and bankruptcy proceedings involving companies in various industries, including the mining, oil and gas, real estate and transportation industries.
Defended an individual against a proceeding brought by a potential judgment creditor to annul her consumer bankruptcy proposal.
Environmental Cases
Defended real property owners against a claim for remediation costs advanced under environmental legislation.
Acted for a real estate developer in matters before the British Columbia Environmental Appeal Board.
Human Rights Cases
Defended various companies and individuals against human rights complaints brought by former employees and prospective customers.
Employment Disputes
Defended various companies against claims of wrongful dismissal by former employees.
Acted for former employees in claims of wrongful dismissal by former employers.
Other Cases
Defended a former criminal defense lawyer against an application to have the lawyer disqualified from acting in a criminal case on the basis of an alleged conflict of interest.
Acted for owners of residential strata units in disputes with their strata corporations.
Speaking / Media
Commentator, “Lawyers taking on pro bono work encouraged to ask for costs awards and improve access to justice”, Canadian Lawyer Magazine, November 24, 2020.
Commentator, “B.C. Court of Appeal clarifies enforceability of forum selection clauses”, Canadian Lawyer Magazine, January 28, 2020.
Panelist, “Disclaiming Contracts”, Annual Review of Insolvency Law 2019, Montréal, Quebec, February 1, 2019.
Presenter, “The Perils of Pre-Sale Agreements”, Real Estate Institute of British Columbia, Vancouver, British Columbia, June 20, 2018.
Presenter, “Real Estate Developments in Receivership”, Canadian Mortgage Brokers Association, Vancouver, British Columbia, June 14, 2018.
Commentator, “Courts taking consumers out of consumer protection”, The Lawyer’s Daily, May 7, 2018.
Commentator, “Court ruling shows risk of pre-sale contracts as unsuspecting buyers lose homes”, Business in Vancouver, April 16, 2018.
Panelist, “Unpackaging Pre-Packs”, Annual Review of Insolvency Law 2017, Montréal, Quebec, February 17, 2017.
Commentator, “A Serious Message to Bloggers – The Supreme Court of Canada says they better work hard to get it right”, Media Magazine, 2010.
Publications
Contract Law
“Frustration of Contract in the Era of COVID-19” (2021) 51:1 The Advocates’ Quarterly 418. A condensed version of this article was published here: “How Frustrating: The Doctrine of Frustration in the Age of COVID-19” (2020) 78:5 Advocate (Vancouver Bar Association) 685.
“Recent Developments in the Law of Forum Selection Clauses and Public Policy” (2020) 9:2 Commercial Litigation and Arbitration Review 13.
“The Ghosts of Fundamental Breach: New Developments in the Enforceability of Contractual Limitations of Liability Since Tercon” (2014) 72:5 Advocate (Vancouver Bar Association) 665 [cited by the Quebec Court of Appeal in 6362222 Canada inc. c. Prelco inc., 2019 QCCA 1457 at para. 23].
“I Browse Therefore I Accept: Recent Developments in the Enforceability of Website Terms of Use Agreements” (2012) 1:1 Commercial Litigation and Arbitration Review 11.
Bankruptcy and Insolvency Law
“It’s Not You, It’s Me: Disclaimer of Contracts in Receivership and CCAA Proceedings” (2018) Annual Review of Insolvency Law.
“Pre-Packaged Sales Transactions under the CCAA: Where are These Packages From, What do They Look Like, and Where are They Going?” (2017) Annual Review of Insolvency Law.
”Judgment Debts Arising from Fraud or False Pretences: Recent Developments in the Application of s. 178 of the Bankruptcy and Insolvency Act” (2016) 28 Commercial Insolvency Reporter 31.
”Cross Border Leasing – Avoiding the Costs of a Receivership” (2016) LJN’s Equipment Leasing Newsletter.
Real Estate Law
“Gambling on Specific Performance and Mitigation in Real Estate Investment Cases: The Implications of Southcott Estates Inc. v. Toronto Catholic District School Board” (2014) Annual Review of Civil Litigation 61.
Corporate and Securities Law
“Mason Capital Succeeds: Appeal Court Confirms CDS’s Ability to Requisition Meeting By ‘Empty Voter’” (2012) 7:4 Corporate Governance Report 41.
Tort Law
“Clicking Away Privacy: Email and the Tort of Intrusion Upon Seclusion” (2014) 17:9 Journal of Internet Law 3.
“Preventing Spoliation of Social Networking Profile Evidence in Insurance Litigation” (2011) 29:6 Canadian Journal of Insurance Law 81.
“Crookes v. Newton: Hyperlinking, Defamation Law, and Freedom of Expression on the Internet” (2012), 13:2 Commercial Litigation Review 12 (2011).
“Retracting Libel Lost in Cyberspace: Implications for the New Defence of Responsible Communication” (2011) 12:2 Internet and E-Commerce Law in Canada 12.
“Unmasking Anonymous Defendants in Internet Defamation Cases: Recent Developments and Unresolved Issues” (2011) 8:3 Canadian Privacy Law Review 31.
“Damage Awards in Internet Defamation Cases: Reassessing Assumptions About the Credibility of Online Speech” (2010) Alberta Law Review [cited by the Supreme Court of British Columbia in Wilson v. Switlo, 2011 BCSC 1287 at para. 505].
Other
“The Internet, Cloud Computing, and the Charter Right to Privacy: The Effect of Terms of Service Agreements on Reasonable Expectations of Privacy” (2011) 69:5 Advocate (Vancouver Bar Association) 701. Also published in (2011) 12:5 Internet and E-Commerce Law in Canada 40.
Counsel Comment, The Owners, Strata Plan NW 307 v. Desaulniers, 2019 BCCA 343 (November 2019, Take Five British Columbia)
Counsel Comment, DLC Holdings Corp. v. Payne, 2021 BCCA 31 (February 2021, Take Five British Columbia)
Counsel Comment, Martyn v. Walton, 2023 BCCA 231 (February 2023, Take Five British Columbia)