Case: Foreclosure

Description: A number of lawyers do not understand that the six year limitation period for Contracts applies to registered Mortgages. We have had three separate cases in foreclosure proceedings brought late, where we have defended based on this limitation, and were successful in clearing our clients’ titles in the face of claims for large sums of money by the private lenders.

Case: Income Tax Litigation

Description: The Taxpayer was a foster parent in B.C., and was taxed on his receipt from the B.C. Government, the Minister alleging it to be business income. The case went up and down through the Tax Court of Canada, the Federal Courts and to an application for Leave to the Supreme Court of Canada. In the end, on the eve of trial at the Tax Court of Canada, the Minister agreed to allow the Taxpayer’s appeal. He owed no tax. He is currently pursuing his case against the Province of British Columbia to recover his costs and damages arising out of his dispute with the Tax Department.

Case: Income Tax Litigation

Description: The Minister alleged the Taxpayers owed "hundreds of thousands of dollars" in unpaid tax. The resulting litigation went through the Tax Court of Canada, the Federal Court Trial Division, the Federal court of Appeal, the Provincial Court of B.C. and the superior Courts in both Nova Scotia and P.E.I. Our clients won at every level. In the end, not only was no tax found owing, but our client received a refund. The case is well known throughout Canada, as it clarified the law on section 85 rollovers, as well as establishing the law of rectification Orders in the tax regime. Our client went on to sue the Tax Department for abuse and malicious prosecution.

Case: Bankruptcy

Description: Heather represented a health professional who made an assignment into bankruptcy. The client had in excess of $100,000 in US student loans. The US lender gave notice that they were opposing the discharge. The Trustee was recommending a discharge conditional on paying 8 months excess income. The caselaw relevant was difficult to reconcile, some cases providing that more than 50% of the amount of the loan be paid back before eligibility for discharge and others resulting in an absolute discharge. Settlement discussions took place and the client offered to settle for payment to the Trustee of approximately $20,000. The offer was not accepted and the matter proceeded to hearing. At the hearing, the Registrar accepted our arguments and the client received a discharge conditional on paying 6 months of excess income, which amounted to approximately $300/month for a total of $1800.

Case: Civil Litigation Cases

Description: Our clients, who had cared for an elderly Ukranian gentleman in the latter years of his life, were accused by his estranged relatives in the Ukraine with the murder of the old man. The case was promoted by a stranger to the estate, and through him the relatives were represented by a succession of lawyers. Following a bitter 18 day civil trial, our clients were completely exonerated and received an award of costs to cover their full legal fees. They won at every level of appeal, up to the Supreme Court of Canada, which refused Leave to be heard in that Court.

Case: Human Rights Cases

Description: Laurie decided to challenge the B.C. Government for its policy of refusing men free screening tests for prostate cancer (PSA tests), while paying the costs for women to receive screening for breast cancer (mammography) and cervical cancer (PAP tests). He claimed sex discrimination under the B.C. Human Rights Code. As expected, he lost after a week long hearing at the B.C. Human Rights Tribunal and is now pursuing the appeal through the superior courts. The case gained a great deal of national attention, and since then Ontario became the 7th Province in Canada to offer men free PSA tests. Laurie won’t quit until B.C. does likewise.

View the BC Human Rights Tribunal decision.

View the Decision that resulted when Laurie Judicially Reviewed the Tribunal's decision:

www.courts.gov.bc.ca

View the Tribunal's Decision to Stay the Reconsiderion Pending the Government's Appeal of the Judicial Review decision:

Government Appeal of the Judicial Review Decision


Description: Laurie represented 430 federal government nurses whose job is to adjudicate pension applications. They filed Complaints with the Canadian Human Rights Commission alleging discrimination. At a hearing before the Canadian Human Rights Tribunal in Ottawa, it was decided that indeed the federal government had subjected the female nurses to discrimination, by treating them as “clerk-administrators”, while classifying the mostly male doctors who did the same or substantially similar work as “health professionals”. Liability went back to 1978, and the case is currently proceeding to a further hearing to decide the amount of compensation that must be paid.

Description: Heather represented a Cooperative Association that operated an adult trailer park where only people over the age of 16 could live (the "under 16 rule"). One of the Coop members had a baby and was given one year find alternate accommodation. A British Columbia Human Rights complaint alleging discrimination on the basis of family status resulted. Many people incredulous when they first heard Heather’s argument in support of the under 16 rule on behalf of the Cooperative Association. Nonetheless, she persevered with her argument and was ultimately successful, the complaint was dismissed.