Stop, Look, Listen and Just BE: 2015

Tuesday, August 4, 2015

Court awards damages against law firm in the amount of $45 million for breach of breach of contract and professional negligence

Last week, an Ontario Superior Court judge awarded damages against Cassels Brock in the amount of $45 million for breach of fiduciary duty, breach of contract, and professional negligence.

In his 160-page decision issued July 8 in Trillium Motor World Ltd. V. General Motors of Canada Ltd., Justice Thomas McEwen found that Cassels Brock owed contractual and fiduciary duties to some or all of the class members in the case and breached those duties. As well, he found it also owed a duty of care, which was also breached.

McEwen wrote: “I find that Cassels was retained by the Class Members including Trillium to protect their interests in any complex restructuring of the dealer network and to represent them in any GMCL CCAA proceedings. I further find that Cassels breached its contractual and fiduciary duties by accepting the retainer having already agreed to act for the Federal Government (through Industry Canada) in relation to any GMCL CCAA proceedings. Cassels knew about this conflict from the outset; yet, rather than declining to act for the GMCL dealers and referring to an unconflicted law firm, or even telling the dealers about the retainer with the Federal Government, continued to act for both the Federal Government and the dealers.”

McEwen also determined GM Canada did not breach the Arthur Wishart Act (franchise disclosure), 2000. Therefore he dismissed the action against GMCL. He also dismissed the counterclaim by GMCL against each of the class members.

Saturday, August 1, 2015

A very simple yet important rule: Don't jerk people around!

I picked up up the following commentary from Seth Godin, who is a remarkable person as well as a genius marketing guru:

Yes!, please and thank you

Don't jerk people around

Here's a simple marketing strategy for a smaller company trying to compete in a big-company world: Choose your customers, trust them, treat them well.

Say yes.

Bend the rules.

Show up on time.

Keep your promises.

Don't exert power merely because you can.

Be human, be kind, pay attention, smile.

Not everyone deserves this sort of treatment, not everyone will do their part to be the kind of customer you can delight and serve. But that's okay, you don't need everyone.

When in doubt, be the anti-airline.

Tuesday, July 28, 2015

John Eric Pollabauer is featured in the 2015 Canadian Legal Lexpert Directory as one of Moncton, New Brunswick's (Canada) leading practitioners

The 2015 Canadian Legal Lexpert Directory (the Canadian Lexpert Directory) profiles leading practitioners across Canada in over 60 practice areas and leading law firms in over 40 practice areas as identified via an extensive, annual peer survey.

John Eric Pollabauer, a Lawyer with and Legal Counsel to the law firm of Andre-Guy Savoie P.C. Inc., is featured in the 2015 Canadian Legal Lexpert Directory as one of Moncton, New Brunswick's (Canada) leading practitioners in the areas of Property Leasing and Banking and Financial Institutions.

John Eric Pollabauer is featured in the 2015 Canadian Legal Lexpert Directory as one of Moncton, New Brunswick's (Canada) leading practitioners

Tuesday, July 14, 2015

Would you hold up a payment of over $1,000,000 for 49 square meters? Go figure eh!

In the recent reported Court of Queen's Bench of New Brunswick case of MacLean Sports, et al v. City of Fredericton, 2015 NBQB 119 (CanLII), <http://canlii.ca/t/gjmq1>, Madame Justice Judy Glendenning reviewed the legal submissions of the parties and based on the materials and the representations of counsel, decided that the parties had not reached a meeting of the minds with respect to the subject matter of the settlement.

The background of this litigation arose out of an expropriation of land by the City of Fredericton of lands owned by MacLean Sports and MacLean Sports did not agree with the amount originally offered by the expropriating party back in 2007. The parties purported to settle the matter by the City of Fredericton agreeing to pay MacLean Sports a sum of money in excess of $1,200,000.00 plus the conveyance of remnant parcel of land owned by the City of Fredericton. When it came time to close the settlement transaction, a dispute between the parties had arisen with respect to the size of the remnant parcel of land which The City of Fredericton was to have granted and conveyed to MacLean Sports on closing. According to MacLean Sports, the discrepancy lay in the shortage of approximately 49 square meters ( or for you non-metric readers, 525 square feet), and MacLean Sports refused to close the settlement transaction unless the City of Fredericton agreed to pay compensation for the missing 49 square meters.

Using my rough calculations of what I consider to be the fair market value (FMV) of the subject property, I would opine the 49 square meters had a FMV of approximately $15,000 - $20,000.00 (*** This is by no means a professional FMV opinion and I disclaim and relinquish any liability resulting from same being provided***).

One has to pose the question why this matter (involving approximately $15,000 - $20,000 ) would have found its way before a Court of Queen's Bench Judge for dispute resolution. Without knowing the complete details of the case and only basing my views on what was written by Madame Justice Judy Glendenning in her decision, the legal fees spent by the parties in pursuing this matter before the Courts are likely to approach and possibly exceed the monetary amount actually in dispute.

This case is an eye opener for me and I strongly recommend the reader look at this decision [ MacLean Sports, et al v. City of Fredericton, 2015 NBQB 119 (CanLII), <http://canlii.ca/t/gjmq1> ] in order to see for themselves what transpired between the parties and whether they would have handled it differently if they were counsel for one or the other of the parties thereto.

Obviously, had the formal survey plan of the subject remnant parcel been finalized on or prior to the settlement, this dispute would not have arisen. Could you have wordsmithed and better described the remnant parcel in the settlement agreement without the benefit of a plan?

Team Canada did us proud in the FIFA Women's World Cup 2015!

Canada was recently eliminated from the FIFA Women's World Cup 2015, but not without first giving their all in a soccer (football) match against England. Congratulations goes out to the entire Team Canada, including coaching and administrative staff, together with all family members and fans who gave their unconditional support and voice to this passionate group of soccer players who certainly played their hearts out for Canada. This was a perfect example of "Fair Play" and I am proud of our Canadian Women's Team for their superb effort and for training these last several years in the preparation for this World Class Event.

Sunday, June 21, 2015

John Eric Pollabauer has joined with Andre-Guy Savoie in forming new Boutique Law Firm

A N N O U N C E M E N T

new boutique law practice

André-Guy Savoie and John Eric Pöllabauer are pleased to announce the formation and establishment of their new boutique law practice.

CONTACT US FOR MORE INFORMATION ABOUT HOW WE CAN HELP YOU

ANDRÉ-GUY SAVOIE, B.Sc. Eng., L.L.B. JOHN ERIC PÖLLABAUER, B.B.A., LL.B
Email: agsavoie@nb.sympatico.ca Email: jepollabauer@gmail.com

Malenfant Business Centre
654 Malenfant Blvd., Suite 102
Dieppe, New Brunswick
CANADA E1A 5V8

Office Telephone: (506) 855-1100 Office Fax: (506) 855-1115

The International Bar Association (IBA) and its affiliates have assembled a list of the world's leading real estate lawyers in their publication "The International Who's Who of Real Estate Lawyers 2015" and John Eric Pollabauer was among approximately thirty (30) lawyers from Canada selected as being amongst the world's leading real estate lawyer. His vision is simple - earn the recognition and respect in the business community as the "go to" legal specialist with respect to running a highly efficient and well organized boutique commercial real estate law practice whereby his select clients receive exclusive on-demand cutting-edge legal services which, combined with the client's own (i) resources, (ii) strategic plans, and (iii) business goals, establishes the necessary tools to exploit and monetize lucrative targeted real estate ventures and opportunities.

Lexpert Canada has released the results of their 2015 survey. John Eric Pollabauer has been recognized by his peers in the following practice areas: Banking - Financial Transactions; Property Development; and Property Leasing

Sunday, June 14, 2015

new boutique law practice