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Brian Duong

Profile

Brian Duong maintains a generalist practice in civil and administrative litigation. His experience involves a broad range of matters including complex contract and shareholder disputes, property issues (including expropriations and certificates of pending litigation), franchise litigation, wrongful dismissal claims, and freedom of information requests.

Brian has appeared as counsel before all levels of court in British Columbia, and has represented clients in mediations, arbitral proceedings, and inquiries before the Office of the Information and Privacy Commissioner for BC.

Brian brings several years of experience abroad as a lawyer in the US litigation group at Ropes & Gray LLP in Boston and in the international arbitration group at Freshfields Bruckhaus Deringer LLP in Paris. Prior to working abroad, Brian completed his articles with Hunter Litigation Chambers.

Brian holds law degrees from the University of Toronto and the University of Cambridge, and clerked for Justices Newbury and Groberman of the Court of Appeal for British Columbia. He has been a member of the Massachusetts and British Columbia bars since 2009.

Notable Cases

Notable Cases

Garcha Bros Meat Shop Ltd. v. Singh, 2022 BCCA 36 (with Julia Roos and assistance from Simone Penney): counsel for the respondent and franchisor Garcha Bros. Meat Shop in successfully defending the appeal of a Supreme Court interim injunction order enjoining a former franchisee, their principals and non-parties to the franchise agreement, from the operation of a retail butcher business at the former franchise location.

OK Industries Ltd. v. District of Highlands, 2022 BCCA 12 (with Mark Oulton, Simone Penney): counsel for the respondent OK Industries Ltd in successfully defending an appeal by a municipality of a Supreme Court order staying the municipality’s cease work order and declaring several of its bylaws inapplicable to activities carried out in respect of the development and operation of a quarry authorized by a provincial Mines Permit within municipal boundaries. The Court of Appeal maintained the stay of the cease work order and the declarations of inapplicability in respect of the land use bylaws, and amended the declarations with respect to the other bylaws to state that they are inapplicable to the extent that they prevent OK Industries from carrying out the activities authorized by the Mines Permit in accordance with the terms and conditions set out in the permit.

Highlands District Community Association v Attorney General for British Columbia et al, 2021 CanLII 112319 (with Mark Oulton, Simone Penney): counsel for the respondent OK Industries Ltd in a leave application to the Supreme Court of Canada, brought by a local community association in respect of an unsuccessful challenge to a Mines Permit authorizing a quarry on Vancouver Island. The leave application was dismissed, with costs to OK Industries.

Order F21-49 British Columbia Lottery Corporation, 2021 BCIPC 57 (with Susan Humphrey): counsel for the public body BCLC in an inquiry under the Freedom of Information and Protection of Privacy Act, RSBC 1996, c. 165, successfully defending BCLC’s decision to refuse applicant access to the name(s) and hometown(s) of the winner(s) of the April 25, 2018 Lotto 6/49 jackpot.

Highlands District Community Association v. British Columbia (Attorney General), 2021 BCCA 232 (with Mark Oulton, Simone Penney): counsel for the respondent OK Industries Ltd in successfully defending an appeal from an order dismissing an application for judicial review brought by a local community association in respect of a Mines Permit authorizing a quarry on Vancouver Island.

OK Industries Ltd v. District of Highlands, 2021 BCSC 81 (with Mark Oulton): counsel for the petitioner OK Industries Ltd, in successfully obtaining an order of certiorari staying a stop work order and a declaration that several municipal bylaws were inapplicable to activities carried out in respect of the development and operation of a quarry authorized by a provincial Mines Permit within municipal boundaries.

Highlands District Community Association v. British Columbia (Attorney General), 2020 BCSC 2135 (with Mark Oulton): counsel for the respondent OK Industries Ltd, in successfully defending a judicial review brought by a local community association of a Mines Permit authorizing a quarry on Vancouver Island.

Highlands District Community Association v. British Columbia (Attorney General), 2020 BCSC 1386 (with Mark Oulton): counsel for the respondents OK Industries Ltd, in successfully defending an application seeking a stay pending judicial review of a Mines Permit authorizing a quarry on Vancouver Island.

Lim v. Zhu, 2019 BCSC 88 (with Mark Oulton): counsel for the defendants by counterclaim, Nu Shanghainese Bistro Ltd. and Manli Liu, in successfully defending a three-day application for special costs following a confidential settlement in a commercial case involving the closing and sale of a restaurant business and competing allegations of fraud and wrongdoing. The proceedings were held in camera and the application materials sealed pursuant to an order obtained by Messrs. Oulton and Duong, the reasons for which can be found at 2018 BCSC 2376.

Peng et al v. Wang et al, 2018 BCSC 1231 (with Greg J. Allen): counsel for the defendant Wang in successfully defending a summary trial application on the part of the plaintiffs, in a commercial case involving a real estate transaction and allegations of breach of fiduciary duty and fraudulent misrepresentation.

Regal Ideas Inc. v. Haus Innovations Inc, 2018 BCSC 136 (with Mark Oulton): counsel for the plaintiffs in: (a) successfully defending a challenge to an Anton Piller order in a commercial case involving allegations of breach of contract, conversion and misuse of confidential and proprietary information; and (b) obtaining an order to access and examine the electronic and physical evidence seized as part of the original Anton Piller order.

Bagry v. Sandhu, 2018 BCCA 14 (with Mark Oulton): counsel for the appellant in a successful appeal from an order entitling the respondent majority owners to buy-out the appellant’s minority interest in a farm.

Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 94 (with Ken McEwan, Q.C.): Counsel to Adera entities and management on successful application to remove certificate of pending litigation on properties adjacent to the Plaintiff’s residential building in which the Plaintiff claimed a failure by the Defendants to provide sufficient parking stalls.

Basha Sales Co. Ltd. v. Adera Equities Inc., 2017 BCSC 137 (with Ken McEwan, Q.C.): Counsel to Adera entities and management on successful summary trial application to have claim in respect of alleged failure to provide sufficient parking stalls pursuant to an Agreement of Purchase and Sale dismissed.

Stewart v. Stewart et. al., 2016 BCSC 2256 (with Ken McEwan, Q.C.): successfully defended an application brought against a national law firm claiming a disqualifying conflict of interest.

Google Inc. v. Mutual, 2016 BCSC 1169 (with Brent Olthuis): Represented VideoShare LLC (plaintiff in Delaware proceedings against Google and others) in petition concerning deposition of a witness in British Columbia.

Publications

Publications

Co-author (with Mike Stephens), Chapter 4: “Expert Opinions and Ethical and Professional Responsibility Issues” and Chapter 6: “Pre-trial Disclosure of Expert Opinions and Related Matters” in the Continuing Legal Education's Expert Evidence in British Columbia Civil Proceedings, 6th edition (2021).

Contributing Author, Law Society of British Columbia Professional Legal Training Course Practice Material, Civil, 2019-Present

Gisèle Stephens-Chu and Brian Duong, "Renée Rose Levy and Gremcitel SA v The Republic of Peru: ICSID tribunal continues to develop the doctrine of abuse of process in corporate restructuring", International Bar Association, Arbitration News, Vol 20, No 2, September 2015.

K. Michael Stephens and Brian Duong, "Collateral Attack in Canadian Administrative Law: Principles Going Forward", presented to the Canadian Bar Association's 13th Annual National Administrative Law, Labour and Employment Law Conference: At the Crossroads (November 23-24, 2012).

Community

Brian currently serves on the Board of Directors of Vancouver College Ltd. Established in 1922, Vancouver College is the only all boys, independent Catholic school in British Columbia (see www.vc.bc.ca for more information).

Brian currently serves on the Board of Directors of the Learning Disabilities Society, a non-profit charitable organization that has supported children and youth with suspected or diagnosed learning differences for over 50 years (see ldsociety.ca for more information).

Brian is also a strategic advisor for Sea Smart, a charity that delivers education programs and empowers youth to love and protect our oceans (see seasmartschool.com for more information).

News

News

July 2022

Brian Duong was featured in the spring 2022 issue of Advocacy Matters published by The Advocates’ Society. The article can be found here.

June 2022

A Hunter Litigation Chambers team comprised of Bill Smart, Q.C., Brian Duong, Julia Roos, Susan Humphrey, Simone Penney, and others represented a major participant in the Commission of Inquiry into Money Laundering in British Columbia. A copy of the Commission’s final report can be found here.

February 2022

Brian Duong and Julia Roos represented franchisor Garcha Bros. Meat Shop in successfully defending the appeal of a Supreme Court interim injunction order enjoining a former franchisee, their principals and non-parties to the franchise agreement from the operation of a retail butcher business at the former franchise location. Simone Penney assisted in the preparation of the materials for the appeal. A copy of the decision can be found here.

January 2022

Mark Oulton, Brian Duong and Simone Penney successfully defended an appeal to a Supreme Court order staying a municipality’s cease work order and declaring several of its bylaws inapplicable to activities carried out in respect of the development and operation of a quarry authorized by a provincial Mines Permit within municipal boundaries. The Court of Appeal maintained the stay of the cease work order and the declarations of inapplicability in respect of the land use bylaws, and amended the declarations with respect to the other bylaws to state that they are inapplicable to the extent that they prevent OK Industries from carrying out the activities authorized by the Mines Permit in accordance with the terms and conditions set out in the permit.

A copy of the decision can be found here.

November 2021

Mark Oulton, Brian Duong and Simone Penney successfully defended a leave application from an order of the Court of Appeal dismissing a challenge brought by a local community association in respect of a Mines Permit authorizing a quarry on Vancouver Island. A copy of the decision dismissing the leave application can be found here.

June 2021

Mark Oulton, Brian Duong and Simone Penney successfully defended an appeal from an order dismissing an application for judicial review brought by a local community association in respect of a Mines Permit authorizing a quarry on Vancouver Island. A copy of the decision can be found here.

January 2021

Mark Oulton and Brian Duong successfully obtained an order of certiorari staying a stop work order and a declaration that several municipal bylaws were inapplicable to activities carried out in respect of the development and operation of a quarry authorized by a provincial Mines Permit within municipal boundaries. A copy of the decision can be found here.

In a related matter decided in November 2020 for which reasons were just released, Mark Oulton and Brian Duong successfully defended a judicial review brought by a local community association of a Mines Permit authorizing a quarry on Vancouver Island. A copy of the decision can be found here.

September 2020

Mark Oulton and Brian Duong successfully defended an application seeking a stay pending judicial review of a Mines Permit authorizing a quarry on Vancouver Island. A copy of the decision can be found here.

January 2019

Mark Oulton and Brian Duong successfully defended a three day application for special costs following a confidential settlement for Nu Shanghainese Bistro Ltd. and Manli Liu, in a commercial case involving the closing and sale of a restaurant business and competing allegations of fraud and wrongdoing. The reasons for judgment can be found here.

July 2018

Brian Duong and Greg Allen (of Allen/McMillan) successfully defended a summary trial application on the part of the plaintiffs, in a commercial case involving a real estate transaction and allegations of breach of fiduciary duty and fraudulent misrepresentation. The reasons for judgment can be found here.

January 2018

Mark Oulton and Brian Duong successfully defended a challenge to an anton piller order in a commercial case involving allegations of breach of contract, conversion and misuse of confidential and proprietary information and obtained an order to access and examine the electronic and physical evidence seized pursuant to the original Anton Piller Order. The reasons for judgment can be found here.

Mark Oulton and Brian Duong successfully appealed a decision of the BC Supreme Court which ordered the buy-out of a minority owner’s interest in a farm by its majority owners. The BC Court of Appeal set aside the order and remitted the matter back to the trial judge. A copy of the decision can be found here.

June 2016

Brian Duong (with Brent Olthuis) represented VideoShare LLC, the plaintiff in Delaware proceedings alleging patent infringement by Google Inc. and others, in proceedings brought in British Columbia concerning the deposition of a witness. The reasons for judgment are available The reasons for judgment are available here.