|Location:||Vancouver, British Columbia, Canada|
|Legal Assistant:||Chau Dao|
Russell’s litigation practice is focused on complex commercial disputes, estate claims and catastrophic personal injuries. Russell regularly appears before the Supreme Court of British Columbia, the Court of Appeal, the Federal Court and various regulatory boards and tribunals. Russell has also written articles on limitations periods, administrative practice and maritime law matters.
McMillan v. AltaStream Power Systems Inc., 2018 BCSC 1298: In this proceeding Russell represented the defendant employer in a series of actions commenced by the plaintiff, its former sales associate following that employee’s termination. The written contract required a 60 day notice of termination period and the plaintiff was claiming significant sums for commissions that could potentially have been earned during that period. The employer counter sued for money owed to it regarding a company vehicle. The court ruled in the employer’s favour by dismissing over 90% of the plaintiff’s claimed commissions and awarding the company all of the amounts it claimed.
Triple Eagle Logistic Canada Inc. v. LCJ Great Trading Ltd, et al, 2017 BCSC 1147: In this action Russell prosecuted the plaintiff’s claims to payment of its unpaid invoices and successfully defended the defendants’ counterclaims of fraud, misrepresentation and breach of contract. The parties previously reached a settlement agreement on the unpaid invoices, which the defendants breached. Further to a provision in the settlement agreement, the defendant was held liable to reimburse the plaintiff for 100% of its litigation expenses.
Anadolu Efes v. Sebucom International Corporation, 2016 BCSC 1583: In this action Russell successfully defended against the plaintiff application for judgment on invoices it alleged contained enforceable Bills of Exchange or trade acceptances. The defendant alleged that the products sent by the plaintiff had contained packaging defects, which had caused the defendant to incur significant expenses.
IDSS Enterprises Ltd. v. Dynasty P.G. & Grandsons Holding Inc., 2012 BCSC 1246: Acted as junior counsel at trial advancing a claim for unpaid monies owing under a share purchase agreement. The defendant had filed a counterclaim of over $2 million. The plaintiff and the defendant were companies in partnership. The defendant agreed to buy out the plaintiff’s interest. They signed a handwritten agreement that referred to an equal division of accounts receivable and accounts payable up to the date of the agreement. The question was what was meant by the word “profits” in the share purchase agreement. It was appropriate to look to the handwritten agreement for evidence of the parties’ intention. The required payment was one half of the amount by which accounts receivable exceeded accounts payable on the date of the agreement. The plaintiff was awarded damages of $316,900.
UNIVERSITY OF VICTORIA, Faculty of Law, Victoria, British Columbia
- Professor Jim Ellis Memorial Prize in Advanced Taxation: International Tax
- Served on the board for student legal journal: Appeal Law Journal
UNIVERSITY OF VICTORIA, Business School, Victoria, British Columbia
Bachelor of Commerce
- Graduated on Dean’s List
- Focus on International Finance; exchange semester in Jonkoping, Sweden
Articles & Publications
- Practical Federalism: A cynical strategy, 41 BC Shipping News, June 2018
- Cruising in Canada’s Arctic: The Mis-adventure of the Clipper Adventurer, 42 BC Shipping News, April 2017
- Criminal Negligence causing death: Collision Regulations, 46 BC Shipping News, April 2016
- Abandon Ship!, 50 BC Shipping News, March 2015
- The Doctrine of Deliberative Secrecy: Hurdles to the Examination of Tribunal Members, CBA National Administrative Law Newsletter, March 2014
- Limitation Periods in Debt Instruments, Paper and Presentation, 2013 Residential Real Estate Conference, Continuing Legal Education Society of British Columbia, December 2013
- Limitation Periods on Demand Promissory Notes: The Significance of Making the Note Payable a Fixed Period After Demand, 370 The Advocate, Vol. 70 Part 3 May 2012
Professional and Other Affiliations
- Law Society of British Columbia, Member
- Canadian Bar Association, Member
- Plimsoll Club, Board of Directors
- Canadian Bar Association (B.C. Branch), Maritime Law Section, Member
- Canadian Maritime Law Association, Member
Russell’s personal interests include skiing, softball, hockey, coaching Little League and getting away to his family cabin in the Gulf Islands.