Education

Bar Admission

  • 2017 Admitted to the British Columbia Bar

Ephraim Fung is committed to providing practical, efficient, and responsive advice to his clients.

Ephraim has a broad practice, with a focus on Real Estate and Business Advising.

Ephraim advises on a wide range of real estate and business matters, including acquisitions and dispositions, lending and refinancing, commercial leasing, and creditor solutions. He represents clients at all levels – from individuals and start-ups, to private and institutionalized corporations, often acting as general counsel given the breadth of his legal experience.

Ephraim is also a civil litigator and often draws on his court experience to advise clients in contract negotiations and to offer immediate solutions at all stages of business transactions.

Ephraim is a member of the firm’s Real Estate, Business Disputes, Labour + Employment and Wills, Estates + Trusts Practice Groups.

On A Personal Note...

Ephraim is a die-hard Bo Horvat fan. When he isn’t watching the Canucks, he enjoys listening to John Mayer love songs, playing Mario Kart, and slappin’ da bass.

Representative Experience

Real Estate

  • Commercial real estate purchases and sales
  • Representing vendors and purchasers on collapsing real estate transactions
  • Residential conveyancing and refinancing
  • Lease reviews, negotiation, and drafting
  • Advising commercial landlords on tenant disputes and evictions
  • Lien removal and title correction

Business Advising

  • General business advice to corporations of various sizes
  • Providing practical solutions to creditors to recover accounts receivables and other debts
  • Advising on employment issues, including agreement drafting, termination, representation in wrongful dismissal claims, and transition and retention of employees in business transactions
  • Advising on the purchase and sale of businesses
  • Private lending and security

Personal Law

  • General residential real estate matters, including conveyancing, refinancing, contract negotiations, due diligence prior to subject removals, and dispute resolution
  • Estate and incapacity planning, including drafting wills, power of attorney instruments, representation agreements; and committee applications
  • Estate administration, including probate, resealing foreign estate grants, and other administration applications
  • Advising start-up business owners on a variety of matters, including corporate organization, agreement drafting and negotiation, private lending, leasing and employment matters, and regulatory compliance

Ephraim has represented clients at all levels of court in British Columbia. His recent decisions include:

  • Gu v. Childhood Lake Property Ltd.: represented a property owner in successfully discharging a fraudulently obtained multi-million dollar mortgage registered against their home.
  • Cameray Garden Holdings Ltd. et al. v. Lee: successfully obtained dismissal of claim for specific performance from purchaser and obtained judgment on counterclaim for breach of purchase contract, including an award for full indemnification of legal fees.
  • Pai v. Ho: successfully obtained judgment for debts owing under a verbal loan agreement.
  • Impact Recruitment Inc. v. Neon Buddha Ltd.: successfully obtained judgment for accounts receivable under a commission-structure contract.
  • Ali v. Walters Estate, 2018 BCSC 1032: acted as co-counsel, representing a beneficiary in successfully defending allegations of undue influence and validating a gift of a life estate interest in a real estate property.
  • Pacific Crown Investment Corp. v. Quirico, 2018 BCPC 258: defended tenants following the termination of their commercial tenancy, in which the landlord was only awarded one-third of their initial claim.
  • Kenny v. Weatherhaven Global Resources Ltd., 2017 BCSC 1335: acted as co-counsel, representing an employee in obtaining an award of nearly $200,000 for unpaid bonuses.

Outside of the court process, Ephraim has assisted many clients in resolving their disputes. Examples of representative work include:

  • Negotiating a six-figure settlement in favour of a vendor on a collapsed commercial real estate transaction
  • Successfully representing purchaser in termination of pre-sale contract while obtaining full return of deposit from developer.
  • Negotiating termination of unfavourable real estate contract for vendor and obtaining full release from liability in process.
  • Recovering sixteen months’ worth of rent in arrears from a commercial tenant and negotiating a subsequent lease on favourable terms to mitigate future issues
  • Obtaining the full amount of a deposit and recovery of legal fees for a vendor on a collapsed residential real estate deal
  • Negotiating a settlement in favour of a commercial tenant following their early eviction for redevelopment purposes
  • Obtaining six figure settlement through mediation for damages following early termination of construction contract.
  • Recovering accounts receivable on a six-figure invoice for a corporation, with additional compensation for legal fees expended
  • Restructuring six figures of debt into a share purchase agreement

Publications

  • September 26, 2018, “Managing Employee Absenteeism”, AHBL Lunch n’ Learn Seminar, Speaker
  • May 2017, “For Real Property Lenders and Interest Holders: An Overview of the Evolving Legislative and Regulatory Regime Concerning Marijuana”, CLEBC, Co-author

Ephraim's
Focus