Brad is recognized nationally and in British Columbia as a leading counsel in class action defence and complex commercial litigation matters. Among other recognition, he has been named in 2020 by The Best Lawyers in Canada® as "Lawyer of the Year: Class Action Litigation – Vancouver" based on peer review.
Brad co-chairs the firm's Class Actions Group, providing strategic direction and co-ordination of the group across Canada. He has successfully defended numerous class actions against leading Canadian corporations and financial institutions, as well as multi-national corporations, achieving precedent-setting results. Brad has obtained dismissal of class actions before certification, obtained dismissal of certification applications and taken class actions to common issues trials.
Appearing in all levels of courts and acting as counsel in arbitrations, Brad has dealt with a broad range of disputes, including consumer and statutory claims, product liability and competition law claims. His experience includes litigation of commercial and constitutional or other public law issues.
Experience
- Larsen v. ZF TRW Automotive Holdings Corp. and others, British Columbia Supreme Court, defence of FCA Canada and FCA US in a proposed products liability class action relating to alleged defects in airbag control units. Plaintiff’s certification application dismissed.
- K.W. v. Accor Management (Canada) Inc., British Columbia Supreme Court, defence of a hotel management company in respect of claims for liability to customers whose personal information may have been compromised in a criminal cyber breach of a customer database. Plaintiff’s application for certification dismissed.
- G.D. v. South Coast British Columbia Transportation Authority, British Columbia Supreme Court, defended Translink and obtained dismissal of a certification application in an action advancing claims on behalf of a proposed class whose personal information may have been subject to access by criminals in a ransomware cyber breach; plaintiffs' appeal allowed with case remitted for continuation of the certification application, subject to pending application for leave to appeal to the Supreme Court of Canada.
- Aura Ventures Corp. v. City of Vancouver, Court of Appeal for British Columbia, represented the City of Vancouver in obtaining dismissal of a proposed class action on the merits in a claim in respect of ownership of a public parking lot developed as a local improvement project and successfully opposed the plaintiff’s appeal.
- Sutherland v. Electronic Arts, British Columbia Supreme Court, defending a video game publisher in a proposed class action relating to consumer claims - ongoing.
- Liptrot v. Vancouver College Limited, British Columbia Supreme Court, defending a private school in a certified class action - ongoing.
- Pantusa v. Parkland Fuel Corporation and others, British Columbia Supreme Court, acting for a refiner/marketer in the wholesale gasoline market in British Columbia, successful defence of a certification application in an action claiming unconscionable pricing practices, obtained summary judgment dismissing the action.
- Spring v. Goodyear Canada Inc. and The Goodyear Tire & Rubber Company, Alberta Court of Appeal, successful reversal of a certification order in a products liability claim that reinforces the importance of meaningful scrutiny and the evidentiary threshold required for certification, as well as setting limits on the extent to which restitution and disgorgement claims may be available in products liability actions.
- Kett v. Mitsubishi Materials Corporation et al, British Columbia Supreme Court, successful defence of a certification application in a claim by indirect purchasers of components and materials used in the automotive supply chain – judgment sets important limits on claims under the Business Practices and Consumer Protection Act.
- Farrish et al v. Delta Hospice Society, British Columbia Court of Appeal, pro bono representation of concerned community members – judgment obtained reversing improper bulk rejection by the board of directors of applications for membership and confirming that directors' lack discretion not provided to them under the bylaws; affirmed on appeal.
- Kirk v. Executive Flight Centre Fuel Services Ltd. et al, British Columbia Court of Appeal, appeal taken from the certification of claims relating to a fuel spill into waterways; certification order set aside, potential common issues limited and remitted for reconsideration as to whether a class action is the preferable procedure.
- Simsek v. United Airlines, Inc.(sub nom Ozturkler v. British Airways PLC), British Columbia Court of Appeal, successful defence of a certification application and appeal in a claim brought against British Airways PLC alleging that British Airways (and other airlines) had misrepresented fuel surcharges as taxes in their passenger ticketing practices.
- Sekhon v. Royal Bank and others, defended The Bank of Nova Scotia in a consumer class action claim relating to sales of balance protection insurance. Certification application dismissed.
- Tangerine Financial Products Limited Partnership v. The Reeves Family Trust, British Columbia Court of Appeal. Successful appeal on behalf of Scotiabank and Tangerine Bank, obtaining dismissal of an application to enjoin use of the name Tangerine Bank.
- Watson v. Bank of America Corporation et al, British Columbia Court of Appeal. Represented Scotiabank on appeal from certification of class action. Judgment varied.
- Marshall v. United Furniture Warehouse Limited Partnership, et al, British Columbia Court of Appeal. Defended a national retailer against a consumer class action. Certification application dismissed. Result affirmed on appeal. Leave to appeal to Supreme Court of Canada denied.
- Koubi v Mazda Canada Inc. et al, British Columbia Court of Appeal. Defended a distributor and its authorized BC dealers against a consumer class action seeking disgorgement of profits based on waiver of tort. Successfully obtained reversal on appeal of certification; proceeding dismissed as disclosing no cause of action. Leave to appeal to Supreme Court of Canada denied.
- Gary Jackson Holdings Ltd. v. Eden and others, British Columbia Supreme Court. Acted for lenders in successfully opposing certification of claim by investors in failed development company.
- Chartrand v. General Motors Corporation, British Columbia Supreme Court. Dismissal of application for certification of a proposed class action.
- CareVest Capital Inc. v. Chychrun and others, British Columbia Supreme Court. Obtained dismissal of negligence claims by pre-sale strata lot purchasers against project lender on developer’s failure to complete development of a subdivision; subsequently obtained dismissal of claims to priority interest by pre-sale purchasers). Please also see: http://www.courts.gov.bc.ca/Jdb-txt/SC/08/11/2008BCSC1138.htm.
- Benning v. Volkswagen Canada, British Columbia Supreme Court. Obtained dismissal of application for certification of a proposed class action.
- Dahl v. Royal Bank and others, Court of Appeal for British Columbia. Affirming pre-certification dismissal of a proposed class action.
- Ernewein v. General Motors, Court of Appeal for British Columbia. Reversal of certification order, application for leave to appeal dismissed by Supreme Court of Canada.
- Nanaimo Immigrant Settlement Society v. Province of British Columbia, Court of Appeal for British Columbia. Affirming dismissal of a class action on summary trial of common issues; application for leave to appeal dismissed by Supreme Court of Canada.
- Aura Ventures Corp. v. City of Vancouver, British Columbia Supreme Court. Successful pre-certification application for dismissal of a proposed class action against the City of Vancouver in respect of ownership of a public parking lot developed as a local improvement project.
- Pantusa v. Parkland Fuel Corporation and others, British Columbia Supreme Court. Acting for a refiner/marketer in the wholesale gasoline market in British Columbia. Successfully defended a certification application in an action claiming unconscionable pricing practices, obtained summary judgment dismissing the action.
- Larsen v. ZF TRW Automotive Holdings Corp. and others, British Columbia Supreme Court, defence of FCA Canada and FCA US in a proposed products liability class action relating to alleged defects in airbag control units. Plaintiff’s certification application dismissed.
- K.W. v. Accor Management (Canada) Inc., British Columbia Supreme Court, defence of a hotel management company in respect of claims for liability to customers whose personal information may have been compromised in a criminal cyber breach of a customer database. Plaintiff’s application for certification dismissed.
- G.D. v. South Coast British Columbia Transportation Authority, British Columbia Supreme Court, defended Translink and obtained dismissal of a certification application in an action advancing claims on behalf of a proposed class whose personal information may have been subject to access by criminals in a ransomware cyber breach; plaintiffs' appeal allowed with case remitted for continuation of the certification application, subject to pending application for leave to appeal to the Supreme Court of Canada.
- Aura Ventures Corp. v. City of Vancouver, Court of Appeal for British Columbia, represented the City of Vancouver in obtaining dismissal of a proposed class action on the merits in a claim in respect of ownership of a public parking lot developed as a local improvement project and successfully opposed the plaintiff’s appeal.
- Sutherland v. Electronic Arts, British Columbia Supreme Court, defending a video game publisher in a proposed class action relating to consumer claims - ongoing.
- Liptrot v. Vancouver College Limited, British Columbia Supreme Court, defending a private school in a certified class action - ongoing.
- Pantusa v. Parkland Fuel Corporation and others, British Columbia Supreme Court, acting for a refiner/marketer in the wholesale gasoline market in British Columbia, successful defence of a certification application in an action claiming unconscionable pricing practices, obtained summary judgment dismissing the action.
- Spring v. Goodyear Canada Inc. and The Goodyear Tire & Rubber Company, Alberta Court of Appeal, successful reversal of a certification order in a products liability claim that reinforces the importance of meaningful scrutiny and the evidentiary threshold required for certification, as well as setting limits on the extent to which restitution and disgorgement claims may be available in products liability actions.
- Kett v. Mitsubishi Materials Corporation et al, British Columbia Supreme Court, successful defence of a certification application in a claim by indirect purchasers of components and materials used in the automotive supply chain – judgment sets important limits on claims under the Business Practices and Consumer Protection Act.
- Farrish et al v. Delta Hospice Society, British Columbia Court of Appeal, pro bono representation of concerned community members – judgment obtained reversing improper bulk rejection by the board of directors of applications for membership and confirming that directors' lack discretion not provided to them under the bylaws; affirmed on appeal.
- Kirk v. Executive Flight Centre Fuel Services Ltd. et al, British Columbia Court of Appeal, appeal taken from the certification of claims relating to a fuel spill into waterways; certification order set aside, potential common issues limited and remitted for reconsideration as to whether a class action is the preferable procedure.
- Simsek v. United Airlines, Inc.(sub nom Ozturkler v. British Airways PLC), British Columbia Court of Appeal, successful defence of a certification application and appeal in a claim brought against British Airways PLC alleging that British Airways (and other airlines) had misrepresented fuel surcharges as taxes in their passenger ticketing practices.
- Sekhon v. Royal Bank and others, defended The Bank of Nova Scotia in a consumer class action claim relating to sales of balance protection insurance. Certification application dismissed.
- Tangerine Financial Products Limited Partnership v. The Reeves Family Trust, British Columbia Court of Appeal. Successful appeal on behalf of Scotiabank and Tangerine Bank, obtaining dismissal of an application to enjoin use of the name Tangerine Bank.
- Watson v. Bank of America Corporation et al, British Columbia Court of Appeal. Represented Scotiabank on appeal from certification of class action. Judgment varied.
- Marshall v. United Furniture Warehouse Limited Partnership, et al, British Columbia Court of Appeal. Defended a national retailer against a consumer class action. Certification application dismissed. Result affirmed on appeal. Leave to appeal to Supreme Court of Canada denied.
- Koubi v Mazda Canada Inc. et al, British Columbia Court of Appeal. Defended a distributor and its authorized BC dealers against a consumer class action seeking disgorgement of profits based on waiver of tort. Successfully obtained reversal on appeal of certification; proceeding dismissed as disclosing no cause of action. Leave to appeal to Supreme Court of Canada denied.
- Gary Jackson Holdings Ltd. v. Eden and others, British Columbia Supreme Court. Acted for lenders in successfully opposing certification of claim by investors in failed development company.
- Chartrand v. General Motors Corporation, British Columbia Supreme Court. Dismissal of application for certification of a proposed class action.
- CareVest Capital Inc. v. Chychrun and others, British Columbia Supreme Court. Obtained dismissal of negligence claims by pre-sale strata lot purchasers against project lender on developer’s failure to complete development of a subdivision; subsequently obtained dismissal of claims to priority interest by pre-sale purchasers). Please also see: http://www.courts.gov.bc.ca/Jdb-txt/SC/08/11/2008BCSC1138.htm.
- Benning v. Volkswagen Canada, British Columbia Supreme Court. Obtained dismissal of application for certification of a proposed class action.
- Dahl v. Royal Bank and others, Court of Appeal for British Columbia. Affirming pre-certification dismissal of a proposed class action.
- Ernewein v. General Motors, Court of Appeal for British Columbia. Reversal of certification order, application for leave to appeal dismissed by Supreme Court of Canada.
- Nanaimo Immigrant Settlement Society v. Province of British Columbia, Court of Appeal for British Columbia. Affirming dismissal of a class action on summary trial of common issues; application for leave to appeal dismissed by Supreme Court of Canada.
- Aura Ventures Corp. v. City of Vancouver, British Columbia Supreme Court. Successful pre-certification application for dismissal of a proposed class action against the City of Vancouver in respect of ownership of a public parking lot developed as a local improvement project.
- Pantusa v. Parkland Fuel Corporation and others, British Columbia Supreme Court. Acting for a refiner/marketer in the wholesale gasoline market in British Columbia. Successfully defended a certification application in an action claiming unconscionable pricing practices, obtained summary judgment dismissing the action.
