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.

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.

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.

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.

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.

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, “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

“Recent Developments in the Law of Forum Selection Clauses and Public Policy” (2020) Commercial Litigation and Arbitration Review [forthcoming].

The Ghosts of Fundamental Breach: New Developments in the Enforceability of Contractual Limitations of Liability Since Tercon” (2014) 72:5 The Advocate (Magazine of the 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.

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. Switlo2011 BCSC 1287 at para. 505].

Constitutional Law

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 The Advocate (Magazine of the Vancouver Bar Association) 701. Also published in (2011) 12:5 Internet and E-Commerce Law in Canada 40.