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Stein Gudmundseth is a senior commercial litigation lawyer. He regularly appears in court on civil, commercial and securities matters. Stein has extensive experience in resolving all manner of legal issues that arise in commercial disputes. His style of problem solving is solutions-oriented and creative. His strategy focuses on dealing with legal issues in the context of the bigger picture.
Stein was adjunct professor of civil litigation at the University of British Columbia from 1994 to 2003. He has been a speaker and contributor to programs by the Continuing Legal Education Society and Insight. He is also the Honorary Consul General of Norway in British Columbia.
Queen's Counsel in 1999
Called to the Bar (British Columbia) in 1974
University of British Columbia LL.B. in 1973
University of Victoria B.A. in 1969
Personal: Skiing, boating and running. |
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| Representative matters in recent years |
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| Contract Disputes/Business Litigation |
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Successfully obtained judgment in a commercial fraud case involving fraudulent misrepresentation and deceit in a contract for the purchase of timber rights. 2003 BCSC 904. |
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Successfully prosecuted a breach of contract claim against an agent where the principal was judgment proof. 2004 BCSC1060. |
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Acting for an appellant, had a trial judge's findings of fact set aside and a new trial ordered at which the appellant then recovered judgment.
2005 BCCA 621. |
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Successfully defended proceedings claiming in excess of $5 million
following the termination of a distributorship agreement.
2009 BCSC
1716.
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| Shareholder Disputes; Securities Law; Restrictive and Non-Compete Covenants |
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Defended an investment dealer from a damages claim in excess of $10
million. A former investment executive had alleged the value of his
book of business and earnings had suffered as a result of the investment
dealer and its employees' alleged unlawful conduct.
2009 BCSC 1348; 2009 BCSC 1093 |
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Successfully obtained and resisted injunctive relief claims in relation to employment non-competition clauses. 2005 BCSC 909; 2000 BCSC 1750; 2000 BCSC 1889; 2000 BCCA 243. |
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Has acted for shareholders in corporate control and shareholder agreement disputes both in arbitration and court proceedings.
2005 BCCA 605. |
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| Insurance |
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Prosecuted claims against insurers, principally for loss of business, fire loss and theft, involving complex interpretation and valuation issues. |
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Counsel for life insurer in many claims involving issues such as interpretation, misrepresentation and suicide. |
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Acted for a life insurance company in successfully defending a $5
million death benefit claim. 2009 ABQB 704 |
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| Fraud |
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Resolution of investor claims relating to real estate and mortgage portfolios. |
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Successfully appealed trial court decision finding competing former employees liable for loss of profits suffered by former employer.
2007 BCCA 22. |
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| Employment Law |
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Has acted for both employers and senior employee/executives in a variety of wrongful dismissal and breach of contract actions. |
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| Administrative Law |
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Numerous representations before the B.C. Marketing Commission (National Products Marketing Act) and the Mediation and Arbitration Board now the Surface Rights Board. (Petroleum and Natural Gas Act; Mineral Tenure Act). |
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Court appeals of administrative tribunal awards. |
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| Trademarks and Passing Off |
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Successfully obtained and defended passing off injunction applications. |
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| Injunction Law |
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Has been counsel in a large number of injunction applications involving commercial issues. Has long-standing experience in Mareva injunction (pre-judgment assets seizure) matters and in obtaining Anton Pillar orders. |
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