Suite 750 - 900 Howe Street
Vancouver, BC, V6Z 2M4
Led by six Queen’s Counsel, Nathanson, Schachter & Thompson LLP’s practice is limited to civil litigation, with a focus on business disputes. The firm has litigated many of British Columbia’s largest and most complicated commercial lawsuits.
Known for its intellectual rigour, high quality advocacy, responsiveness to clients’ needs, and flexibility in procedural matters, the firm has experience arguing and defending certification motions, judicial reviews, summary trials, trials, and appeals.
In addition to the firm’s six Queen’s Counsel, the firm includes many former law clerks from the Court of Appeal and Supreme Court of Canada. The firm’s lawyers serve as adjunct professors at UBC Law School; write chapters in texts on Business Disputes, Government Liability, and the Annual Review of Law and Practice; frequently speak at continuing legal education events; and co-author the annual British Columbia Supreme Court Rules Annotated, and The Civil Appeal Handbook.
NST is recognised as a top litigation firm in Canada, and remains dedicated to maintaining an elite team of litigators capable of advocacy and litigation at the highest level. NST’s talented team are committed to achieving optimal results for clients. Senior lawyers are actively engaged in mentoring NST’s group of top-flight associates to ensure the firm’s commitment to their original vision is maintained.
A few of the firm’s practice areas and representative cases include:
Recent Commercial/Civil Disputes: In Concord Pacific Acquisitions Inc. v. Oei, 2021 BCSC 129 and 2022 BCCA 16 the firm successfully defended a claim in excess of $350 million brought by Concord Pacific against the three named defendants, including Singaporean businessman and NST client Hong Leong Oei. NST’s clients were also awarded special costs, expected to be in excess of $4 million. In Wastech Ltd. v. GVS&DD, 2021 SCC 7 the firm succeeded in a landmark case on the good faith limit on the exercise of contractual discretion before the Supreme Court of Canada. In Bamberger v. Vancouver (Board of Parks and Recreation), 2022 BCSC 49, the firm represented the petitioners in a precedent-setting decision that resulted in a victory for the rights of persons experiencing homelessness. NST was successful at a summary trial in Six Factor Professional Services Ltd. v Aquilini Investment Group Limited Partnership, 2020 BCSC 127, a dispute relating to a service agreement to procure and install Google software licences and allegations of negligent misrepresentation. NST is currently acting in two high profile civil forfeiture matters.
In addition, Murray Clemens Q.C. actively arbitrates and mediates a wide variety of commercial disputes.
Oppression Claims/Securities/Shareholder Disputes/Partnerships: In Icahn Partners LP v. Lions Gate Entertainment Corp., the firm successfully represented a New York hedge fund at trial and on appeal in a shareholders’ oppression action seeking to set aside transactions converting approximately $110 million from debt to equity. In Telus Corp. v. Mason Capital Management LLC, the firm represented American hedge fund Mason Capital in a corporate battle against Telus. The case was notable for its compressed time frame. NST is also acting in shareholder disputes connected to the emergence of the cannabis industry.
Insolvency and Restructuring: The firm’s Insolvency & Restructuring Group was bolstered when Peter Reardon, one of Canada’s leading bankruptcy and insolvency lawyers, joined the firm in January 2020. That Group is now led by Peter Reardon and Kevin Loo, Q.C., whose practice is split between commercial litigation and bankruptcy and insolvency. In the past year, NST has represented creditors, debtors, court-appointed officers, and other stakeholders in various insolvency proceedings. In proceedings under the Companies’ Creditors Arrangement Act (CCAA) in relation to Mountain Equipment Co-op (MEC), NST represented a group of members called Save MEC which sought to maintain MEC’s cooperative nature. In CCAA proceedings regarding Quest University, NST played a significant role, acting for Southern Star Developments Ltd. which owned the student residences and leased them to the university.
Property Disputes: NST regularly acts in disputes relating to property rights and property development and acquisition. For example, in Hodgson v. Musqueam, the firm successfully acted for over 70 leaseholders in a dispute about significant rent increases. In a recent arbitration, the firm successfully acted for a partner in a dispute relating to partnership interests in and valuation of a property development involving lands worth over $100 million and a partnership interest of $20 million.
Human Rights Law: In 2019, NST acted for an intervenor, the Canadian Professional Association for Transgender Health, before the BCCA in A.B. v. C.D. The intervenor addressed issues relating to informed consent under the Infants Act in the context of trans youth, and issues relating to the appropriateness of restrictions on the youth’s father’s freedom of expression.
Updated March 2022