Emily L. Hansen

• Spirit Bay Developments Limited Partnership v. Scala Developments Consultants Ltd., 2021 BCSC 1415
  Acting with NST partner Peter R. Senkpiel, Emily successfully represented the Spirit Bay Developments Limited Partnership in its appeal from an arbitration award on the basis of errors of law. The underlying dispute related to construction services and payments. In relation to the first two errors of law, Mr. Justice Davies concluded that the Arbitrator erred in his contractual interpretation analysis, but did not render the Arbitrator’s decision on those points unreasonable. In relation to the Arbitrator’s unjust enrichment analysis, Mr. Justice Davies found it was fundamentally flawed and rendered the Arbitrator’s conclusions on that issue unreasonable; he remitted that issue for rehearing. Peter and Emily were also successful in arguing that the rehearing be conducted before a new Arbitrator.
• Spirit Bay Developments Limited Partnership v. Scala Developments Consultants Ltd., 2020 BCSC 1839
  Acting with NST partner Peter R. Senkpiel, Emily represented the Spirit Bay Developments Limited Partnership in its application for leave to appeal an arbitration award. Disputes between the parties arose in relation to the provision of construction services by the respondent, Scala, and payments by Spirit Bay. The dispute was arbitrated at first instance. Mr. Justice Johnston granted Spirit Bay leave to appeal on three errors of law in the award; these errors arose in relation to the Arbitrator’s contractual analysis and the Arbitrator’s finding that Spirit Bay had unjustly benefitted from Scala’s work.
• Ming Sun Benevolent Society v Philippine Women Centre of B.C.,  2020 BCSC 423 and 2021 BCCA 240
  Acting with NST partner Peter R. Senkpiel, Emily successfully represented the Ming Sun Benevolent Society in setting aside a default judgment. The Society has been working to redevelop its building, located in Vancouver’s historic Chinatown, into low-cost social housing, with financial assistance from the BC Housing Management Commission. The judgment creditors had sought damages of over $3,000,000. This result allows the Society to continue to pursue development. Emily successfully represented the Society regarding the appeal brought in response to the judgment. NST continues to represent the Society in the dispute.
• Johar v. College of Veterinarians of British Columbia, 2020 BCSC 1085
  Working with partner Karen L.M. Carteri, Emily successfully represented the College of Veterinarians of BC in an application to strike out claims by certain College registrants on the basis that the claims were an abuse of process and bound to fail on various grounds. Mr. Justice Harvey wrote detailed reasons addressing the complex factual and legal issues and struck all the claims advanced against the College, while also finding that some of the claims were a nullity as they had been brought without leave. The Court found variously that the claims (even as amended) were: duplicative of numerous earlier proceedings, some of which remained ongoing; were a collateral attack on existing court orders; were brought in the wrong forum; failed to plead the necessary elements of the claim, or were for a type of claim not available against the College; or, were barred by the expiry of limitation periods. Harvey J. further clarified the requirements for actions based on malicious prosecution and misfeasance in public office, with regard to the availability of those causes against a regulatory body like the College.
• DaKow Ventures Ltd. v Daski Contracting Ltd., 2018 BCSC 2016, and 2018 BCSC 2128 With NST partner Peter R. Senkpiel, Emily successfully represented New Wave Energy Services and Daski Contracting Ltd. in obtaining an interlocutory injunction enforcing a restrictive covenant prohibiting certain competition by a former principal and employee and a related company.
• Precursor Capital Corp. v. Hydrx Farms Ltd., 2018 BCSC 1150
  Acting with NST partner Karen L.M. Carteri, Emily successfully represented the plaintiff at trial in its claim for specific performance of a valuable shares-for-services agreement in respect of a cannabis start-up company. The case involved a contractual dispute relating to a failed amalgamation and reverse-takeover transaction. Karen and Emily argued that a related facilitation agreement provided Precursor an entitlement to shares, structured as a share exchange, in the event the RTO did not proceed as planned and that Precursor’s share entitlement had been triggered. Hydrx argued that the share exchange was valueless to Precursor and that Precursor had failed to trigger its entitlement. Madam Justice Matthews found in favour of Precursor and ordered specific performance of the facilitation agreement, including the share exchange.

In addition to the above matters, Emily has:

• Acted as counsel for a defendant in a wills variation proceeding.
• Assisted in advising on an issue relating to the interpretation of a trust instrument and the power to borrow.
• Successfully defended a lawyer in a negligence suit brought by former clients in BC Provincial Court.
• Acted as counsel for an employer in a wrongful dismissal action, which was successfully resolved at mediation.
• Acts as counsel for a produce importer in various litigation matters involving commercial leasing and contract disputes with suppliers.
• Successfully achieved multiple related connected settlements for all her clients in a series of litigation matters arising from a dispute between one client and a competitor.