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.”
Shane Coblin, whose practice embodies the firm specialty of real estate-centric litigation, acts on a construction deficiency class-action case involving a high-profile mixed-use building in Vancouver, the Shangri-La, developed by client KBK. Two plaintiffs in residential strata sections sued claiming that the curtain wall is defective in that the windows fog between the glass, significantly impacting on the views available from affected suites. An additional 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 windows. 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. Abbas Sabur, who attends to a more varied commercial practice, is championed by peers as “a real go-getter, with tons of energy, who is really doing a lot to pull that firm into the future.” Sabur represents Assante Financial in a claim alleging knowing assistance of breach of fiduciary duty and interference of contractual relations arising from the departure of a senior financial adviser at the plaintiff competitor, who alleges breach of non-solicitation and non-compete provisions due to a significant book of business being lost in the departure. Sabur is also involved in a going shareholder dispute arising out of multimillion-dollar family company. This case exemplifies a growing trend in Vancouver of matters that incorporate an intersection of company and estate law, shareholder oppression and liquidation. One aspect of the case has already gone to the Supreme Court of Canada. Clients praise future star Devin Lucas as a “good listener and communicator, with great overall legal strategy.”
