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901-1788 West Broadway, Vancouver, BC, V6J 1Y1

Phone (604) 736-9791| Fax (604) 736-7197

Derpak White Spencer LLP | All Rights Reserved

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Litigation Cases - Files
Creditor’s Remedies:

 

Fraudulent Conveyances:

  • We acted for a landlord to recover judgment against its former tenant who sold all of its assets to a new company in an effort to make itself judgment proof. We were able to have the sale to the new company declared a fraudulent conveyance and have the assets seized and sold by the bailiff.
     

  • We acted for a client who recovered a judgment against a company who within a week of the judgment being released went and granted a security interest in favour of a related company. We started a lawsuit to have the transaction declared a fraudulent preference.

    Injunctions:

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    Our clients were attempting to recover monies from a debtor and discovered funds in offshore bank accounts in the debtor’s name. We were able to obtain a world-wide injunction preventing the debtor from disposing of his assets (known as a mareva injunction) and assisted in having the injunction recognized in the foreign jurisdiction where the bank accounts were located. 

  • We have obtained injunctions on behalf of employers whose former employees have gone to work for competitors within a restricted area contrary to the terms of a restrictive covenant.

    Collections/Garnishment:

  • Our client was owed money by their former landlord who refused to pay. We started a lawsuit and before serving the landlord we served garnishing orders on the landlord’s tenants who had to pay their rent into court which eventually resulted in the landlord settling.
     

  • Our client was a supplier who was owed money by a retail customer who refused to pay. We found out where the customer did its banking and served a garnishing order the first business day after Boxing Day when our client knew that its customer would be making a sizable deposit.

    Registration of a Foreign Judgments

  • We have registered foreign judgments from the United States here in British Columbia. 

 

Employment 

 

Our firm successfully pursued, obtained and collected a Judgment for wrongful termination against the company employing our client which had closed their business in British Columbia and had all of their assets in Ontario. In addition, we collected extra damages for the underhanded and deceptive manner in which our client, the employee, was terminated from his job and all of our client’s legal costs, or special costs, for our client from his employer due to the bad faith action during the lawsuit. 

 

Family 

 

We commenced and prosecuted an action for our client as a spouse for a sizable division of assets and ongoing child support and spousal support. By convincing the Trial Judge of the B.C. Supreme Court that the other spouse had illegally transferred assets out of his name to a family member and was perjuring himself and forging documents to suggest to the Court that he was unemployed due to his disability when in fact he was actually working. We obtained fair compensation for our client and special, meaning increased, legal costs against the spouse because of his deception.

Our lawyers argued to the Provincial Court of British Columbia that an change in the custody, living arrangements and access to a young child was necessary due to the possible sexual abuse and mistreatment of the child.

We have successfully persuaded Judges of the Supreme Court of British Columbia to apply the International Hague Convention on Child Abduction in several cases and to order the return of children to the foreign country where the parent had fled from, having been tracked down in British Columbia.

 

ICBC

 

We have obtained settlements for, as well as tried, many cases in the Courts of British Columbia for clients against ICBC in order to obtain fair compensation both for pain and suffering for physical injuries and for loss of income for past, present and future wage loss.

We have sued ICBC on behalf of clients and have had the Court order ICBC to honour the Contract of Insurance and pay for our clients’ stolen vehicles or damages to their vehicle. 

 

Criminal

 

We have defended a client accused of first degree murder and convinced the Crown Prosecutor’s office to “stay” the Information against our client, thereby dismissing and having all charges dropped. This was done after an extensive review of the evidence, cross-examination of key Crown witnesses at a Preliminary Hearing and the selection of a Jury. 

We represented a client accused of sexual assault and historic sexual assault over a 34 day trial in Supreme Court of British Columbia, including challenging the Crown Prosecutor’s expert psychologist resulting in a verdict of not guilty.

Our firm has represented numerous clients on assault (including domestic assault), impaired driving, Motor Vehicle Act charges and drug charges, including marijuana grow-ops and possession and trafficking charges of narcotics charges in the various levels of Courts in British Columbia.

 
Business Cases - Files
Real Estate Development:
  • acquisition and financing of an airspace parcel on the former Expo lands from Concord Pacific and the development of a 74 unit seniors building
     

  • acquisition and financing through a limited partnership of 4 senior’s assisted living facilities on Vancouver Island as well as the service provider
     

  • redevelopment of commercial property through a limited partnership into two senior’s living facilities in Victoria of 98 units and 88 units 
     

  • acquisition, development and financing through a limited partnership of a 45 million dollar 160 bed senior’s congregate care facility and a 55 unit senior’s assisted living facility in Duncan
     

  • acquisition, development and financing a 62 unit senior’s assisted living facility in Duncan
     

  • acquisition, financing and development through a limited partnership of a 60 plus lot residential subdivision in Anmore
     

  • acquisition, financing and development through a joint venture of a 184 residential strata development in Osoyoos
     

  • acquisition, financing and development of a 120 unit townhouse development in Fort McMurray, Alberta