Emily L. Hansen

• GC Importers Ltd. v Pro Max Trucking Ltd; Navigator Enterprises Ltd. v GC Importers Ltd. (BC Provincial Court, 2024)
  Emily acted for a produce importer and wholesaler in two related actions involving claims for breach of contract, inducing breach of contract, the unlawful means tort, bailment, and civil conspiracy. The two actions were tried together in Provincial Court. Ms. Hansen was successful in establishing her client’s claims.
• Mehrtash et al v. Salarvand et al; Salarvand et al v. Mehrtash et al (BC Supreme Court, 2022)
  Emily acted for two property owners in a dispute with their business associates regarding a real property investment. The parties’ disputes concerned their rights and obligations in respect of the property, the interpretation of an earlier settlement agreement that failed to resolve the litigation, and whether there was an enforceable contract of purchase and sale in connection with the property. After a three-day petition hearing, Emily successfully obtained an order for sale in lieu of partition of property and had the cross-petition to enforce an alleged contract of purchase and sale dismissed. Subsequently, Ms. Hansen was successful in obtaining court approval of sale.
• Spirit Bay Developments Limited Partnership v. Scala Developments Consultants Ltd., 2020 BCSC 1839, 2021 BCSC 1415, 2022 BCCA 407 and 2024 BCSC 1755
  Acting with NST partner Peter R. Senkpiel, Emily successfully represented the Spirit Bay Developments Limited Partnership in obtaining leave to appeal an arbitration award and successfully appealing the award on questions of law relating to contract and unjust enrichment at first instance (overturned on appeal), as well as in relation to subsequent enforcement proceedings. 
  
• Ming Sun Benevolent Society v Philippine Women Centre of B.C.,  2020 BCSC 423 and 2021 BCCA 240
  Emily acts for the Ming Sun Benevolent Society in an ongoing dispute with the Philippine Women Centre of BC and others regarding two neighbouring properties located near Vancouver’s historic Chinatown. In the above-noted decisions, Emily and partner Peter R. Senkpiel, K.C., were successful in having a default judgment granted against Ming Sun set aside and Emily upheld that result on appeal. Together with associate Edith Chen, Emily continued to represent Ming Sun in the BC Supreme Court proceeding, which proceeded through a trial of approximately 5 weeks in 2024-2025 (judgment is reserved).
• 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’s trusts and estates practice has included advising trustees, wills variation matters, validation of gifts pursuant to s. 43 of WESA, advice to beneficiaries in connection with delayed administration and distribution, advice in connection with claims by disappointed beneficiaries, unjust enrichment claims, advice in connection with powers of attorney, and disputes about property transfers (intention to gift, undue influence, unconscionable procurement, resulting trust).

Emily’s commercial litigation practice has included contractual disputes across a variety of industries; shareholder and partnership disputes; misrepresentation; disputes concerning real property including development and shared ownership disputes, issues of title, and matters of mortgage validity and enforceability; defending claims of professional negligence; and opportunities to be heard in respect of statutory violations.