Peter J. Roberts
Partner
| Firm: | | Lawson Lundell LLP |
| Address: | Suite 1600 Cathedral Place
925 West Georgia Street
Vancouver, British Columbia V6C 3L2
Canada |
| Phone: | 604-631-9158 |
| Fax: | +1 604 669 1620 |
| Email: | Send an Email |
| Local Time: | Sun. 01:26 |
Profile
Peter is a litigator with a wide range of experience, practising for over 19 years in Vancouver. For a number of years he practised criminal law before resuming civil and commercial litigation, including claims involving allegations of fraud. He has appeared before all levels of court in British Columbia as well as other professional bodies. His experience includes products liability, professional negligence claims, insurance defense and coverage, defamation, commercial disputes, contracts, class actions, copyright and trademark matters, company law and banking and insolvency litigation. He also has experience with various types of injunctions, including Mareva and Anton Pillar injunctions.
Recognition and Ranking
* Martindale-Hubbell International Law Directory: BV Peer Review rated
Languages: English
Areas of Practice
- Commercial Litigation
- Defamation and Media
- Financial Recovery
- Insolvency and Restructuring
- Insurance Litigation
- Product Liability
Professional Career
Significant Accomplishments
Peter has been counsel on the following cases:
* Successfully set aside a Declaration of Trust as a "sham". The trust purported to make the registered owner of land simply a "bare trustee" for an insolvent company and defeat numerous creditors: Forsyth (Re), 2010 BCSC 1720
* Obtained enforcement of mortgage terms in complicated, multi-million dollar commercial foreclosure proceeding that was referred to the trial list (Bank of Montreal v. Blanshard Manor, 2009 BCSC 972)
* Successfully challenged wrongful termination of lease by landlord (Canadian Petcetera Limited Partnership v. 2876 R Holdings, 2009 BCSC 1135). Upheld on appeal: 2010 BCCA 469
* Obtain Mareva Injunction, document recovery orders and $1.4 million judgement on behalf of client following discovery of defalcation by former employee (West Care Medical Ltd. v. Brown, 2009 BCSC No. S096285)
* Obtained judgment and recovery on behalf of RVYC following the discovery of the theft of a significant amount of money by a former employee. This case involved obtaining several Mareva injunctions to freeze and trace property (Royal Vancouver Yacht Club v. Datsko, 2007 BCSC No.S076896)
* Successful defence of a defamation claim alleging malice against three medical professionals in the context of their work in a specialized hospital team (Lewis v. Abel and others, 2007 BCSC 604)
* Successful defence of a claim for damages in breach of a terminated distribution agreement (National Importers Ltd. v. Williams Foods, 2006 BCSC No. S042501)
* In this matter, nine separate injunctions were obtained to prevent and trace the dissipation of estate property to and through third parties and for the recovery of that property in the context of a complicated bankruptcy (Bankruptcy of T.S. Gill, 2005 BCSC 227586/VA-02)
* A case involving a successful defence against a claim for defamation brought by one professional against others (Schut v. Magee, 2003 BCCA 417)
* The certification of a class action in a claim by investors against a bank and solicitor. (Elms v. Laurentian Bank of Canada, 2000 B.C.S.C. 796 Upheld on appeal: 2001 BCCA 429).
* A successful appeal against an award of penalty interest in an expropriation compensation hearing (Daflos v. Board of School Trustees, 2002 BCCA 475)
* A complex commercial dispute involving a successful determination of the terms of a commercial contract regarding the repair of a steam turbine (colloquially referred to as "The Battle of the Forms") (Repap B.C. v. Electronic Technology Systems, Inc. and others, 2002 B.C.S.C. 539)
* A decision of the Court of Appeal regarding the production of documents in the possession of third parties (Amos v. Virk, 2003 BCCA 449)
Professional Associations
Professional Activities
* Canadian Bar Association, Member
* British Columbia Trial Lawyers Association, Member
* Vancouver Bar Association Executive Committee (2002)
* Western Canada Business Litigation Blog, Contributor
Community Activities
* Touchstone Theatre Company, Director
* Lighthouse Park Preservation Society, Member
* Law Courts Inn, Director
Publications
The Advocate, Editorial Board (2008)
"The Taxation of Contingent Fee Agreements in Bankruptcy Files", Commercial Insolvency Reporter, Vol 19, No. 5 (June 2007)
"Adrift in a Sea of Government Searches: What to do when the M.V. Nadon pulls along side" The Marina Mirror (2001)
Peter has also reviewed the following for The Advocate:
The Annotated British Columbia Limitation Act, by Harris Wineberg, 56 Advocate 285 (1998)
After the Madness: A Judge's Own Prison Memoir, by Sol Wachtler, 55 Advocate 944 (1997)
Lord High Executioner: An Unabashed Look at Hangman, Headsmen and Their Kind by Howard Engel, 55 Advocate 441 (1997)
Seminars
"A Sign of the Times: What to do when you Discover Employee Fraud", Practical Tips for Tough Economic Times Seminar, Vancouver, BC (May 20, 2009)
Bar Admission
British Columbia (1991)
Northwest Territories (2009)
Education
McGill University (B.A. (History), 1985)
University of British Columbia (LL.B., 1989)