Simone Penney

Simone is developing a general civil litigation practice, with a particular interest in commercial and corporate disputes.

Simone received her J.D. from the Peter A. Allard School at the University of British Columba in 2020. As a law student, Simone competed in the Wilson Moot, volunteered with Pro Bono Students Canada and interned with the Provincial Court of British Columbia.

Before articling with Hunter Litigation Chambers, Simone summered with the Atira Legal Advocacy Program and Alberta Justice and Solicitor General.

Notable Cases

Parker Cove Properties Limited Partnership v Gerow, 2023 BCSC 1397 (with Randy J. Kaardal, K.C.): successfully defended on summary trial an action by a sublessor seeking to terminate a residential sublease and repossess the subleased property.

7779615 Canada Inc. v. British Columbia Hydro and Power Authority, 2023 BCSC 2094 (with Claire E. Hunter, K.C.): successfully defended against an application seeking to strike the plaintiffs’ claim and dismiss the action as an abuse of process for violating the rule against maintenance and champerty.

Peters v. East 3rd Street North Vancouver Limited Partnership, 2023 BCSC 879 (with Claire Hunter, K.C.): successfully defended on summary trial claims against a law firm acting as trustee under the Real Estate Development Marketing Act.

Garcha Bros Meat Shop Ltd. v. SJP Enterprises Ltd et al, 2022 BCSC 2009 (with Brian Duong and assistance from Monique Evans): counsel for the applicant and franchisor Garcha Bros. Meat Shop in successfully obtaining a declaration of contempt of court against defendants acting in contravention of an interim injunction prohibiting the operation of a retail butcher business at the former franchise location, together with fines totalling $25,000, an order of special costs, and a further order prohibiting certain of the defendants from being within 500m of the former franchise location.

Garcha Bros Meat Shop Ltd. v. Singh, 2022 BCCA 36 (assisting Brian Duong and Julia Roos): 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, Brian Duong): 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, Brian Duong): 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.

Highlands District Community Association v. British Columbia (Attorney General), 2021 BCCA 232 (with Mark Oulton, Brian Duong): 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.

News

December 2023

Randy J. Kaardal, K.C. and Simone Penney successfully defended on summary trial sublessees under a residential sublease in respect of a claim alleging breach of the sublease, which sought to terminate the sublease and repossess the subleased property, as well as damages. The Court the concluded the plaintiff was not entitled to terminate the sublease, and dismissed the plaintiff’s claims. The reasons for judgment are available here.

Claire E. Hunter, K.C. and Simone Penney successfully defended against an application seeking to strike the plaintiff’s claim and dismiss the action for violating the common law rule against maintenance and champerty because the litigation had been effectively assigned to a third party pursuant to a litigation agreement. The Court concluded the third party had an obvious and genuine pre-existing commercial interest in the litigation, and the litigation agreement was not champertous. The reasons for judgment are available here.

May 2023

Claire Hunter, K.C. and Simone Penney successfully defended on summary trial a law firm acting as a trustee under the Real Estate Development Marketing Act in respect of a claim arising from the release of purchase deposits to the developer. The Court concluded that the law firm complied with its mandatory obligations under the Act in releasing the deposits and dismissed the plaintiffs’ claims. The reasons for judgment are available here.

November 2022

Brian Duong, and Simone Penney represented franchisor Garcha Bros. Meat Shop in successfully obtaining a declaration of contempt of court against defendants acting in contravention of an interim injunction prohibiting the operation of a retail butcher business at the former franchise location, together with fines totalling $25,000, an order of special costs, and a further order prohibiting certain of the defendants from being within 500m of the former franchise location. Monique Evans assisted in the preparation of the materials for the application. A copy of the decision 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.

May 2022

A Hunter Litigation Chambers team led by Claire Hunter Q.C., with the assistance of associates Simone Penney, Maryanna Dinh, Susan Humphrey and Nathan Wells following a 4-day hearing obtained a judgment setting aside an ex parte Mareva injunction against our client.

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.