Kornfeld

British Columbia

Review

Dispute resolution

January 2022 marked a turning point for famed Vancouver litigation boutique Shapray Cramer Fitterman Lamer when the firm merged with the business and real estate shop Kornfeld, forming a new entity, initially operating as Kornfeld Shapray & Partners and since truncated to simply Kornfeld. The combined entity has made an impression on the city’s litigation landscape, tapping its rich reserves of real estate commerce and the ensuing disputes that arise. “Kornfeld has been acting as my representation in defense to a construction and real estate dispute,” confirms a client. “They are defending us against a past client, who is also a lawyer.”
     Abbas Sabur is one of the youngest and most “energetic” partners who came from the former Shapray Cramer firm and someone who many credit as the most vocal and enthusiastic driver of the momentum behind the two entities joining forces. “Abbas is very professional,” extols a client. “He goes above and beyond. My litigation has been extremely stressful, and he has been very steady guiding me along the way. He really cares about providing the best services even when the plaintiffs and their lawyers are evil. He moves on in a professional way.” Sabur is guiding one such client in representation regarding a shareholder oppression proceeding in which the Court of Appeal ruled in the client’s favor to overturn the trial court’s finding of oppression and allowing the liquidation of the subject company with assets valued in excess of $15 million. The decision is being appealed to the Supreme Court of Canada. Shane Coblin, a longtime Kornfeld mainstay, is representing developers in a construction-deficiency case concerning a mixed-use luxury residential/commercial/hotel development located in downtown Vancouver. The two residential strata sections have sued claiming that the curtain wall is defective in that the windows (called insulated glazing units or IGUs fog between the glass) significantly impact the views available from affected suites. In addition, a class action was commenced on behalf of all purchasers of residential strata units alleging breach of contract and breach of implied warranty on account of alleged defects in the IGUs. Coblin also acts with Dan Parlow on a case involving a claim by plaintiffs for specific performance of a real estate transaction involving a property worth $100 million.  The defendants’ counterclaim involved allegations of fraud, conspiracy and breach of fiduciary duty.  The case has, to date, consumed approximately 80 days at trial and an additional four days at the Court of Appeal. (Leave to the Supreme Court of Canada was denied.) All levels of court refused to enforce the contract of purchase and sale due to the counterclaims. The defendants were also granted judgment against the realtors for breach of fiduciary duty. The Kornfeld duo have successfully enforced collection of the entire award against the plaintiffs and continue to pursue the realtors. They also successfully defended a claim by the plaintiffs for return of their $500,000 deposit, which was refused as they could not establish unjust enrichment. Kornfeld is bringing up its share of future talent as well. Lorne Kotler is cheered by a client for “provid[ing] a thoughtful, researched and confident approach. If Lorne believes a certain course of action is the best approach, he will argue for it to the betterment of his client's case.” Clients praise Devin Lucas as a “good listener and communicator, with great overall legal strategy.”