Civil Litigation
Martin has been litigating a broad range of civil disputes since 2001. He has appeared before the British Columbia Court of Appeal, Supreme Court, and Provincial Court, and has been counsel in arbitrations and mediations.
Martin represents clients in civil litigation, including the following areas:
- Wills and estates conflicts, including will variation claims
- Disputes over adult guardianships, powers of attorney, representation agreements, and committeeships
- Contract disputes
- Property disputes, including conflicts over agreements for the purchase and sale of land
- Commercial litigation, including partnership and shareholder disputes and derivative claims
- Negligence claims
- Breach of trust claims
Reported Cases of Note
Noel v. Tatarov, 2022 BCSC 1861
Martin acted for the purchaser and tenant of a property when the sellers tried to back out of the deal, claiming that the wrong person had signed the contract of purchase and sale. Martin was successful in obtaining an order that the sale complete and that the sellers refund rent paid by the purchaser after the date that the deal should have completed.
Munro v. James, 2020 BCSC 1348
Martin acted for a couple who sold their house and moved onto a farm property to manage that property. The owner promised that in return that she would leave her estate to the couple when she died. The owner later changed her will to exclude the couple. The court held that the property owner had entered into a contract with the couple and required the owner to leave her estate to the couple as she had promised to do.
Sheppe v. Harlingten, 2018 BCSC 1460
Martin acted for beneficiaries of a trust who felt that the trustee was favouring his own interests over the interests of the beneficiaries. Martin was successful in having the trustee removed and replaced with a new trustee.
Mayer v. Mayer, 2018 BCSC 8
This was a complex, multi-claim proceeding involving business, trust, and property disputes between members of a family business that proceeded to a 66-day trial. The parties for whom Martin was co-counsel were overwhelmingly successful in the litigation.
Shebib v. Canada, 2016 FC 539
Martin acted for the Chief Electoral Officer of Canada in an action in Federal Court. The application was successfully dismissed on summary application.
Canadian Noble Cut Diamonds Ltd. v. Ben-Oliel, 2013 BCSC 1290
In a dispute between principals of a company, one principal attempted to have the company bring claims against Martin’s client in order to shield the principal from a cost award in the event that the claim was unsuccessful. Martin was successful in obtaining an order staying (stopping) the action until the company posted $45,000 as security for costs. The order was appealed and in this decision Martin was successful in having the appeal dismissed.
Robak Industries Ltd. v. Gardner, 2006 BCSC 1538
In this shareholder’s dispute, one set of shareholders attempted to bring claims in their own names against a rival set of shareholders. If the claims were to have been brought they should have been brought in the name of the company, but the plaintiff shareholders lacked proper authorization to do so and instead brought the claims in their own names. Martin was co-counsel for the defendants, who were successful in both having the claims dismissed without trial in the Supreme Court of British Columbia and in having an appeal of that order dismissed.
and 2007 BCCA 61