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Scott H Stephens

Shareholder

Direct 604-691-7521

Fax 604-632-4447

Email sstephens@owenbird.com

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Scott H Stephens is a litigator at Owen Bird with a practice focusing on complex commercial litigation, insolvency and restructuring, construction and insurance. Scott brings extensive experience and a resolute approach to the protection and furtherance of his clients’ interests.

Scott regularly appears before all levels of court in British Columbia and Alberta, as well as in the Supreme Court of Canada. He also routinely acts as counsel in domestic and international arbitrations.

Scott’s broad commercial litigation practice includes partnership, shareholder, director and corporate governance disputes and remedies, real property disputes, mining disputes, intellectual property litigation, landlord/tenancy matters and contractual disputes.

Scott regularly assists institutional and private lenders in banking and security enforcement litigation, including foreclosure and receivership matters. He acts for creditors, trustees and other stakeholders in proceedings under the Bankruptcy and Insolvency Act and primarily acts for secured creditors in proceedings under the Companies’ Creditors Arrangement Act.

Scott acts on a wide range of construction matters, including builders’ liens, tenders and contract claims. His insurance practice involves the provision of coverage advice and defending insured claims.

  • Called to the British Columbia Bar, 2007
  • UBC, LL.B., 2006
  • UC Berkeley, B.A. with honours, 2002
  • Member, Law Society of British Columbia
  • Member, Canadian Bar Association – Insurance, Insolvency and Construction Subsections

Scott’s recent reported decisions include:

  • Cardero Coal Ltd. v. Carbon Creek Partnership, 2022 BCSC 253 (obtained trial judgment granting all relief sought by our client, a joint venture partner in respect of a major coal mine project, including the right to buy out the other partner’s interest in the project, and dismissing a claim for damages against our client ranging between $55,324,652 USD and $82,783,215 USD)
  • Palsum Construction Ltd. v. Onni Richards Street Development Limited Partnership, 2021 BCSC 1632 (acted for the developer in respect of a pre-sale contract that failed to complete and obtained trial judgment dismissing the counterclaim against our client along with an order compelling payment of net sale proceeds to our client as well as an award of double costs in favour of our client)
  • Kwan v. Mackenzie Premium Properties Corp., 2021 BCSC 173 (acted for 10 sets of vendors in respect of a failed land assembly purchase and sale transaction and obtained trial judgment compelling payment of deposit monies to our clients, granting judgment in favour of our clients for all accrued but unremitted deposits, and awarding our clients double costs)
  • Eco-Living Construction Ltd. v. 1047320 B.C. Ltd., 2021 BCSC 122 (obtained judgment on summary trial dismissing, among other things, the plaintiff’s allegations of fraud against our client, a mortgagee, and an order compelling payment of net sale proceeds to our client, with costs)
  • Canadian Western Bank v. D.K. Heli-Cropper Int’l Ltd., 2020 BCSC 1352 (obtained judgment against the defendants in favour of the Bank at summary trial together with an order dismissing the defendants’ counterclaim against the Bank alleging, among other things, improvident realization, with costs)
  • Romspen Investment Corporation v. Conian Developments (La Voda) Inc., 2020 BCSC 1222 (obtained orders declaring that the stay of proceedings under the Bankruptcy and Insolvency Act, arising upon the debtors’ filing of a notice of intention to make a proposal under the Act, did not operate in respect of our client, nunc pro tunc, and appointing a Receiver over the debtor companies)
  • Perrick v. RJS Electrical Contracting Ltd., 2020 BCSC 211 (obtained judgment for the plaintiffs on summary trial in a multi-party construction dispute)
  • Rudichuk v. Shuswap Lake Resort Inc., 2019 BCSC 1998 (acted for financial institutions in obtaining judgment dismissing actions commenced by more than 20 plaintiffs who claimed priority over our clients’ mortgages based on, among other things, the fraud exception to indefeasible title under s. 29 of the Land Title Act)
  • 103969 B.C. Ltd. v. 1069185 B.C. Ltd., 2019 BCSC 585 (acted for a mortgagee in obtaining order absolute on a property appraised at $40 million with mortgage debt of approximately $25 million over the opposition of the borrower and subsequent mortgagees)
  • Crystal Properties Inc. v. Proudfoot, 2018 BCSC 1881 (obtained order nisi in the face of an application to convert the petition proceedings into an action based on various alleged breaches of the Business Practices and Consumer Protection Act)
  • Tekamar Mortgage Fund Ltd. v. Hegel, 2018 BCSC 1369 (acted for a mortgagee in obtaining an order dismissing an appeal of a sale approval order)
  • Toronto-Dominion Bank v. 1001707 B.C. Ltd., 2018 BCCA 268 (acted for the bank in obtaining an order dismissing an appeal of an order nisi – the decision is a precedent in respect of the limited circumstances where respondents to foreclosures may obtain a redemption period of longer than 6 months)
  • First Calgary Capital Corp. v. D.W. Johnson Holdings Ltd., 2018 BCSC 38 (obtained an order dismissing the summary judgment application of a registered holder of an agreement for sale)
  • Nelson and District Credit Union v. Fiserv Solutions of Canada Inc., 2017 BCSC 1139 (acted for a leading provider of core banking software in obtaining an order dismissing an application for production of documents containing our client’s highly confidential business information)
  • Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co., 2016 SCC 37 (co-counsel on an appeal before the Supreme Court of Canada – leading decision in respect of the interpretation of a course of construction insurance policy and the appropriate standard of review where an appeal involves the interpretation of a standard form contract)
  • Romspen Investment Corporation v. 0895249 B.C. Ltd., 2016 BCSC 730 (obtained an order permitting our client to payout a prior mortgage for approximately $500,000 less than claimed by the first mortgagee on the basis that the first mortgagee had entered into a collateral agreement with the borrower and received fees which, under the circumstances, it was obliged to apply to the mortgage indebtedness vis a vis our client)
  • A.J.B. Investments Ltd. v. Elphinstone Logging Focus, 2016 BCSC 734 (obtained an injunction enjoining protestors from blockading and impairing our client’s access to, and timber harvesting activities on, its lands)
  • Gray Project Management Ltd. v. Disruptive Media Publishers Canada Inc., 2015 BCSC 639 (obtained an order requiring that garnished funds be immediately repaid to our client)
  • Yazdi Integrated Health Group Ltd. v. Unihealth Management Ltd., 2014 BCSC 332 and 2015 BCSC 1208 (successfully obtained an order dismissing claims of fraudulent misrepresentation as against our client, including an order for double costs)
  • Westergaard Holdings Ltd. v. D.S.G. Tag Systems Inc., 2014 BCSC 1736 (obtained orders dismissing the debtor’s application for an initial order under the CCAA and, instead, appointing a receiver over the debtor company pursuant to our client’s security)
  • Romspen Mortgage Corporation v. Lantzville Foothills Estates Inc., 2013 BCSC 2222 (obtained an order for the sale of mortgaged property over the protests of a subordinate co-lender and contrary to the recommendations of a court appointed receiver – the decision is cited as an authority for the proposition that appraisals constitute little more than well-intended but inaccurate predictions once mortgaged lands have been appropriately exposed to the market)
  • Pacifica Mortgage Investment Corp. v. Laus Holdings Ltd., 2010 BCSC 1904 affirmed 2013 BCCA 95 leave to appeal dismissed [2013] S.C.C.A. No. 196 (obtained order nisi in the face of a myriad of claims against the lender by the borrower including claims of fraud and bad faith, upheld by a five judge Division of the Court of Appeal)
  • Griffin v. 0904713 B.C. Ltd., 2013 BCSC 273 (successfully defended an application to convert a foreclosure proceeding into an action based on alleged fraudulent misrepresentations – the decision is often cited as an authority for the correct test to be applied by the court on a summary judgment application)
  • Woo v. ONNI Ioco Road Five Development Limited Partnership, 2012 BCCA 412 affirmed 2013 BCCA 18 (successfully defended an application in the Court of Appeal that would have required our client to post security for the trial judgments – upheld by a three judge Division of the Court of Appeal on review)
  • Romspen Investment Corporation v. Chemainus Quay and Marina Complex Ltd., 2011 BCSC 768, 2012 BCCA 292 affirmed 2012 BCCA 356 (obtained an order canceling an easement registered against title to lands, thus vastly increasing the value of the lands – on appeal, obtained an order for security for costs and, ultimately, an order dismissing the appeal)
  • Shire International Real Estate Investments Ltd. (Re), 2010 ABQB 84 (successfully opposed the continuance of CCAA proceedings and obtained an order substituting our client as DIP lender in place of the then current DIP lender)
  • Redfern Resources Ltd. (Re), 2011 BCSC 771 affirmed 2012 BCCA 189 (acted for the trustee in bankruptcy in obtaining an order declaring that title to certain valuable mining equipment had indeed passed to the debtor company pursuant to a sale prior to bankruptcy – upheld on appeal)
  • Romspen Investment Corp. v. Hargate Properties Inc., 2011 ABQB 759 (acted for the court appointed receiver-manager of the Chateau Lacombe Hotel in Edmonton, including in relation to its eventual sale)
  • Coastal Contacts Inc. v. Muhlbach, 2010 BCSC 1415 (obtained an injunction against a current director of a public company enjoining him from participating in any offers, bids or proposals to purchase the shares of the company)
  • Commonwealth Insurance Co. v. Larc Developments Ltd., 2010 BCCA 18 (successfully argued on appeal that the trial judge had committed an error of law in granting a stay of proceedings in favour of arbitration in a multi-party construction dispute – the decision is a leading authority for what constitutes a “step in the proceedings” under s. 15 of the Arbitration Act)
  • Pearlman v. American Commerce Insurance Co., 2008 BCSC 1091 affirmed 2009 BCCA 78 (obtained an order dismissing a number of claims against an insurer on summary trial and an order dismissing the balance of the claims, including fraud, on appeal)
  • A-P Seafoods Ltd. v. Seaport Crown Fish Co., 2007 BCCA 634 (co-counsel on an appeal that upheld a trial decision dismissing the plaintiff’s action as a result of the application of the doctrine of res judicata)