Beddoes Litigation Honoured at 2024 Benchmark Litigation Canada Awards
We are pleased to report that our firm received two honours at the 2024 Benchmark Litigation Canada awards ceremony, held in Toronto. The firm received an Impact Case Award for Greengen Holdings Ltd. v. British Columbia, a landmark trial decision for misfeasance in public office, in which our client was awarded over $10 million in damages against the province of British Columbia.
Additionally, Arden Beddoes was recognized as an Emerging Talent Litigator of the Year.
Held annually, the Benchmark Litigation Canada Awards recognize the country’s top litigation firms and practitioners. The Benchmark Litigation profile of our firm can be found here.
Success in constitutional challenge to Ontario “ag-gag” legislation
The Ontario Superior Court of Justice has struck down key provisions of the Security from Trespass and Protecting Food Safety Act, 2020, which operated to effectively stop all undercover investigations into factory farms in Ontario. Organizations like the applicant, Animal Justice, have conducted eye-opening investigations into such facilities, which have resulted in extensive public and media interest. As the Court’s decision noted, Ontario bureaucrats admitted that stopping these investigations was the impetus for the legislation.
The Court struck the key provisions for violating the right to free expression under section 2(b) of the Charter, which the Court determined could not be saved under section 1.
The successful applicants were Animal Justice, and two individuals. Arden Beddoes represented the two individuals, while Andrea Gonsalves and Fredrick Schumann of Stockwoods LLP, and Kaitlyn Mitchell and Scott Tinney of Animal Justice, represented Animal Justice. The Court’s decision can be found here.
Success in application to dismiss claim over shares
Acting for an individual defendant who owns 100,000 shares in an early stage technology company, Beddoes Litigation successfully applied to dismiss a claim by an individual who brought contractual and trust claims asserting that he was the beneficial owner of the shares. The Court agreed that the claim was brought out of time based on the two-year limitation period in the Limitations Act. Arden Beddoes and Sydney Gomez acted for the individual defendant. The Court’s decision is available here.
Beddoes Litigation obtains landmark judgment for misfeasance in public office
Acting for the plaintiff in an action for misfeasance in public office against the Province of British Columbia, the firm obtained an eight-figure judgment after trial. The plaintiff had proposed an environmentally friendly, run-of-river hydropower project for Fries Creek, across the Squamish River from the town of Squamish. After a four and a half year application process, the Province denied the application. In a lengthy decision following a three-month trial, the British Columbia Supreme Court ruled that the Province’s denial was unlawful and amounted to misfeasance in public office.
The Court concluded that the decision to deny the proposed project was not made by the designated statutory decision-makers, but rather by others within government, and for improper purposes. As a result, the Court awarded the plaintiff $10.125 million in damages.
Arden Beddoes, Justin Wiebe, and Sydney Gomez acted for the plaintiff, along with David Wu of Arvay Finlay LLP. A copy of the decision is available here.
Arden Beddoes recognized again as a leading litigation lawyer
We are pleased to announce that Arden Beddoes has been recognized in the 18th Edition of The Best Lawyers in Canada as a leading lawyer for corporate and commercial litigation. The Best Lawyers in Canada is a directory of leading lawyers based on peer-review surveys.
Arden was also recently recognized by Benchmark Litigation Canada. For the third consecutive year, he was identified as a "future star" and listed in the publication's 40 & Under Hot List.
These recognitions reflect the firm's strong reputation for providing top-level representation.
Success in significant appeal
Representing the proponent of a green power project, our lawyers have successfully defended an appeal by the Province of British Columbia which sought to dismiss the proponent's action for misfeasance in public office.
The Province maintained that the lawsuit should be dismissed because it did not name individual persons as defendants, in addition to the public offices which are named defendants. The British Columbia Court of Appeal disagreed, and held that "it is in the interests of justice that the trial proceed without further interlocutory applications seeking to derail the proceedings". Arden Beddoes and Justin Wiebe represented the proponent, along with David Wu of Arvay Finlay LLP.
The Court's decision is available here.
Arden Beddoes recognized as a leading litigation lawyer
Arden Beddoes has been recognized as a leading litigator in the 2022 Lexpert Special Edition: Canada's Leading Litigation Lawyers, which is published as a supplement to the Report on Business magazine distributed with The Globe and Mail. The recognition follows an extensive peer review process to identify lawyers who are considered by colleagues to be leading litigation practitioners. More information is available here.
Welcoming Hasti Ali
We are pleased to welcome Hasti Ali to the firm as a Legal Administrative Assistant. Hasti has considerable experience providing support for a complex litigation practice, having previously worked at a leading litigation boutique in Vancouver. She has a deep understanding of the litigation process in British Columbia, and is familiar with a wide variety of court forms and procedures. She is also highly proficient in an array of business and legal software, strengthening the firm's commitment to providing legal services efficiently by using the latest available technology. In addition to her work at Beddoes Litigation, Hasti is pursuing a degree in political science, and intends to pursue a career as a lawyer in the future. Hasti is also fluent in Farsi.
Arden Beddoes presents at legal education seminar
Today Arden Beddoes presented at a continuing legal education conference concerning government liability: Suing and Defending the Crown. Arden's presentation focused on misfeasance in public office, an important cause of action for plaintiffs who have suffered damages due to intentional unlawful conduct by government officials.
Beddoes Litigation obtains significant judgment for defamation
Beddoes Litigation has obtained a judgment for defamation requiring a defendant to pay $390,000 in damages, and remove dozens of social media posts from TikTok, Facebook, and YouTube. The defendant had waged a months-long online campaign accusing the plaintiffs of egregious criminal conduct, with many posts receiving tens of thousands of views. The permanent and mandatory injunctions issued by the court require the defendant to remove all defamatory posts concerning the plaintiffs, as well as any similar posts, and to cease making any similar posts in the future.
Arden Beddoes recognized again in 40 & Under Hot List
Arden Beddoes has been listed in the Benchmark Litigation Canada 40 & Under Hot List for the second consecutive year. This exclusive list recognizes the top up-and-coming litigators across Canada, and is based on peer review, client feedback, and recent case work.
Beddoes Litigation welcomes Sydney Gomez as an associate
Beddoes Litigation is pleased to welcome Sydney Gomez to the firm as an associate. Sydney joins the firm after articling in the litigation group at a leading national firm and working as Chief of Operations for a local plant-based food startup. We are excited to have Sydney join our growing team.
Arden Beddoes recognized in the 2022 Canadian Legal Lexpert Directory
We are pleased to report that Arden Beddoes has been recognized in the 2022 Canadian Legal Lexpert Directory as a "Leading Lawyer to Watch" in the area of Corporate-Commercial Litigation. The Lexpert Directory is based on an extensive peer review of lawyers, law firms, and corporate counsel across Canada.
Successful defence of application to set aside default judgment
After Beddoes Litigation obtained a significant damages award for defamation against an individual and a not-for-profit organization, the organization applied to set aside the judgment and escape liability for the damages award. In a decision released today by the BC Supreme Court, the organization's application was dismissed. The Court's decision can be found here.
Congratulations to Justin Wiebe on his call to the bar
We are proud to congratulate Justin Wiebe on being called to the bar in British Columbia. Justin graduated from law school at the University of British Columbia in 2020, and then articled with Beddoes Litigation. He looks forward to continuing to develop his litigation practice as an associate.
Arden Beddoes named to 40 & Under Hot List
We are pleased to report that Benchmark Litigation Canada has recognized Arden Beddoes as a leading litigator in its annual 40 & Under Hot List. The list recognizes the top emerging talent in litigation in Canada based on case work, peer review, and client feedback.
Beddoes Litigation obtains significant damages award for defamation
Judgment was delivered today in Port Alberni Shelter Society et al v Graham Hughes et al, a case concerning a prolonged and malicious defamatory campaign waged over the internet against the Port Alberni Shelter Society and two of its representatives. Beddoes Litigation represented the plaintiffs, who sought damages and injunctive relief.
The Court awarded general and aggravated damages of $125,000 to each of the individual plaintiffs, and $75,000 to the Port Alberni Shelter Society. The Court also awarded $15,000 in punitive damages because the "nature of what [the individual defendant] has done is so wrong and so prolonged and so extreme that the court must express condemnation of it." The Court also issued permanent and mandatory injunctions enjoining the defendants from making further defamatory statements, and requiring them to remove from the internet all of the existing defamatory statements. Finally, the Court ordered that Literacy Alberni Society, for whom the individual defendant acts as Executive Director, is vicariously liable for the damages award on a joint and several basis.
The decision represents significant vindication for the plaintiffs, who endured an extreme and spiteful defamatory campaign. The Court's decision is available here.
Tania Talebzadeh joins Beddoes Litigation through the 100 Interns Project
We are pleased to announce that Tania Talebzadeh has joined Beddoes Litigation as a 2021 summer student through the 100 Interns Project. Tania will work on a variety of civil litigation matters, with a focus on public law files involving issues of law enforcement accountability.
Tania has completed two years of a joint Juris Doctor/Juris Indigenarum Doctor degree at the University of Victoria, which is a joint degree in common law and Indigenous Legal Orders. She holds a Bachelor’s Degree from the University of British Columbia, where she majored in Gender, Race, Sexuality and Social Justice. Tania comes to Beddoes Litigation with considerable legal research experience, having worked with the University of Victoria’s Environmental Law Centre and its Indigenous Law Research Unit, as well as at PIVOT Legal Society in Vancouver.
We are excited to welcome Tania to the firm for the summer!
Arden Beddoes recognized as a “Future Star”
We are pleased to report that Arden Beddoes has been recognized as a "Future Star" in Benchmark Litigation Canada's 2021 guide to the country's leading litigation firms and lawyers. Benchmark's guide is based on extensive interviews with litigators, dispute resolution specialists and their clients to identify the leading litigators and firms.
Beddoes Litigation represents Bryce Casavant, conservation officer who refused order to kill two bear cubs
Beddoes Litigation is pleased to represent Bryce Casavant, the conservation officer who refused an unlawful order to kill two bear cubs. For this perceived "offence", the province purported to transfer Casavant out of his policing role to a job in the Ministry of Forests, Lands and Natural Resource Operations. After a five year legal saga, the Court of Appeal agreed that there was no statutory authority for the actions taken against Casavant and declared them a nullity. As a result, Casavant has never been lawfully dismissed as a conservation officer. But the province will not give him his job back, forcing him to launch yet another legal proceeding. Read more about the case in the Toronto Star.