PRACTICE PROFILE
Judy Rost is the group leader of the firm’s Commercial Litigation Practice. She has acted for plaintiffs and defendants in all types of commercial disputes and is familiar with the law in many commercial areas including contract disputes, commercial leases, debt collection, franchise disputes, insolvency matters, intellectual property disputes, real estate disputes, securities disputes, shareholders’ and partnership disputes. Judy Rost has successfully built her practice by being responsive to her clients needs and finding creative solutions to resolve their disputes.
She has attained a BV rating ("high to very high legal ability") by the Martindale-Hubbell legal rating service, indicating the high level of respect which she has earned from her peers and senior members of the bar. She is one of the few commercial litigators to be recognized by LEXPERT as a leading Canadian lawyer in franchising law for 2011.
REPRESENTATIVE CASES
- BPYA v. Barlow
- Red Burrito v. Hussain
- Nautilus v. Duro Fitness
- Quizno’s v. Davies
REPRESENTATIVE EXPERIENCE
- Conducted numerous cases involving the sale of large commercial and apartment buildings, with complex issues such as equitable mortgages, secret commissions, agency law and disclosure issues;
- Has represented landlords, tenants and indemnitors in a variety of commercial lease disputes;
- Has represented brokers, brokerage firms and investors in relation to investments in various securities including private placements and publicly traded stocks;
- Has acted in cases involving the interpretation and enforcement of franchise agreements, including non-competition clauses;
- Has successfully obtained world wide Mareva Injunctions in cases involving the fraudulent transfer of funds;
- Has obtained an Anton Piller Order and implemented the Order by attending a warehouse and gathering evidence in relation to a missing film library worth in excess of U.S. $30 million;
- Has represented clients at both the B.C. Supreme Court and Federal Court regarding intellectual property matters involving trademark and copyright infringement as well as passing off;
- Has represented creditors in bankruptcy, foreclosure and CCAA proceedings
- Has obtained oppression remedies for minor and 50% shareholders
RECENT SPEAKING ENGAGEMENTS
- Speaker, Discovery of Electronic Documents, Lorman Educations Services
- Speaker, When Franchise Zees and Zors drop the Gloves, Lessons Learned in Court - The Franchise Forum
- Speaker, Western Canada Franchise Summit, Canadian Franchise Association
- Round Table Facilitator, International Franchise Association
RECENT PUBLICATIONS
- Co-author, "Assignment of Leases", Canadian Property Management, April/May 2010
- Co-author, "Recovery of Unpaid Rent: The Rent Distress Option", Canadian Property Management, April 2009
- Co-author, “Access to Justice in British Columbia”, Canadian Property Magazine, December/January 2006
- “The Protection of Famous Marks in Canada”, Franchise and Distribution, 2006
PROFESSIONAL AND COMMUNITY AFFILIATIONS
- American Bar Association, Franchise Section, Member
- Canadian Bar Association (B.C. Branch), Member: Insolvency Law Sub-sections
- Canadian Franchise Association, Member
- Canadian Insolvency Foundation, Member
- International Franchise Association, Member
- Patent and Trademark Association of British Columbia, Member