David Milojkovic​

Conducted mediation in a complex commercial lease dispute resulting in a favorable settlement including an early termination pay-out clause and a renewal clause.

Achieved a judgment in a contentious construction dispute in Supreme Court extinguishing a Builders Lien which resulted in an advantageous settlement.

Represented a client in a complex judicial review proceeding of a Residential Tenancy Branch arbitrator’s decision, successfully challenging a fine of 12 months’ rent.

Successfully defended a tenant against eviction which utilized a complicated contractual interpretation argument leading to the eviction’s failure.

Conducted multiple summary trials in family law matters securing favourable outcomes in spousal support, child support, and property division.

Conducted mediation in a high-conflict, high-value divorce, achieving a favorable division of property for the client.

Secured a full refund for a client whose car was provided with a faulty and incorrect engine, resolving the breach of contract issue to the client’s satisfaction.

Filed many Builders Liens and represented clients in Supreme Court to have Builders Liens and Certificates of Pending Litigation removed from their properties.

Acted for a Canadian retailer in multiple lease disputes arising from the COVID-19 pandemic.

Successful Appealed Immigration Denial

Acting for a client before the IRCC in a sponsorship application for permanent residence under the Family Class.

Successfully obtained several consent resolutions in relation professional discipline matters against several Professional Engineers alleged to have committed misconduct, negligence or breaches of the Code of Ethics

Successfully defended a Professional Engineer against a claim for defamatory libel

Acting for a professional engineer in a regulatory dispute with Engineers and Geoscientists BC that proceeded to a full discipline hearing

Acted on behalf of developer in relation to dispute with project manager over breach of contract.

Acted on behalf of developer of property in Metro Vancouver in action for breach of contract.

Succeeded in having a client be recognized as a deceased’s spouse and be entitled to all of the deceased’s assets, despite opposition from the deceased’s sister, before the Supreme Court of British Columbia on March 10, 2023.

Successfully Overturned 90-day Immediate Roadside Prohibition

Successfully Overturned and Shortened Driving Prohibitions

Successfully represented a prohibited driver who was charged with driving while prohibited and was facing a year-long driving ban, arguing that the police officer was mistaken in his identification of the accused as the driver. The court acquitted the client of all charges at trial.

Successfully defended a man charged with multiple driving offences who was alleged to have run over a pedestrian in downtown Vancouver, causing the victim to suffer serious health issues. The motorist, who had an “N” licence, was alleged to have been sipping wine and eating a charcuterie board while driving through a busy urban area. The motorist had also made a statement to police which the Crown attempted to rely on as a confession. Dan successfully challenged the admissibility of the confession and trial and obtained an acquittal for the client on all charges.

Represented a truck driver who was alleged to have driven the wrong way on Coquihalla Highway during the middle of a snow storm, potentially putting multiple motorists at risk of serious collisions. At trial, Dan undermined the investigator’s identification of the accused, resulting in an acquittal.

Client Acquitted of Driving While Prohibited at Trial

Charge of Driving While Prohibited Dropped by Negotiation

Client Acquitted of Excessive Speeding Traffic Ticket at Trial

Successfully defended our individual client criminally charged with assault resulting in a stay of proceedings.

Commercial Driver’s License Saved at Trial

Charge of Driving While Prohibited Dropped by Negotiation

Client Acquitted of Multiple Charges at Trial

Successfully defended a client who was charged with assault following a fistfight in a public park by arguing that the client acted in self-defence. The client was acquitted of the charge at trial.

Successfully defended a person criminally charged with assault resulting in a stay of proceedings.

Successfully defended an individual client criminally charged with assault, resulting in an absolute discharge: R v LAQ, 2021 BCPC 288 and Successfully defended another individual client criminally charged with assault, resulting in a stay of proceedings.

Successfully defended our individual client criminally charged with assault resulting in an absolute discharge: R v LAQ, 2021 BCPC 288.

Client Acquitted of Dangerous Driving at Trial

Charge of Mischief Dropped by Negotiation

Acting for a creditor in a consumer proposal under the Bankruptcy and Insolvency Act (R.S.C., 1985, c. B-3);

Successfully represented a young woman who was charged with driving while prohibited. The police alleged that the driver and the passenger had switched seats while the car was in motion on a highway in order to make it appear that the prohibited driver was actually the passenger. Dan persuaded Crown Counsel to stay all charges before trial.

Acted for a man who was charged with driving while prohibited. The man’s former lawyer had unsuccessfully challenged the client’s 90-day Immediate Roadside Prohibition and had accidentally misled the client into believing that he was legally allowed to drive. Dan persuaded the Crown to stay the charges prior to trial.

Successfully defended a man who was accused of attacking his roommate with a weapon and succeeded in persuading Crown Counsel to issue a stay of proceedings five minutes prior to the start of trial.

Represented a man charged with dangerous driving as a result of a high-speed chase in an urban area. Dan successfully obtained an acquittal for the client on the dangerous driving charge by calling into doubt the police officer’s identification of the driver at trial.

Client Acquitted of Assault at Trial

Successfully represented a First Nations group in a complex receivership, resulting in a $14 million purchase of various parcels of land, improvements, and forest licenses.

Successfully represented a high-net-worth individual in a private arbitration involving a partnership dispute

Acted for a Canadian retailer in multiple lease disputes arising from the COVID-19 pandemic

Drafted various corporate documents for start-ups, sole business owners, partnerships, and mature businesses.

Drafted various employment agreements, option agreements, and IP assignment agreements for various individuals.

Drafted bespoke commercial agreements to govern unique business relations between various stakeholders.

Acting for a shareholder in a corporate dispute in a commercial arbitration

Acting for a BC First Nation on multiple major construction and infrastructure projects in the areas of contract drafting and dispute resolution

Regularly act on behalf of general contractors, subcontractors, and professionals in advising on contractual terms prior to disputes

Successfully advocated for small and medium-sized contractors to secure payment for their work by effectively utilizing and leveraging the Builders Lien Act, ensuring compensation through liens and judgments.

Assisted in removing a lien from a property title and countersuing a contractor who had significantly damaged a home and then initiated a lawsuit. Help was also provided to secure insurance coverage for legal fees before the case was transferred to another lawyer, to the client’s disappointment.

Helped several small and medium-sized contractors secure payment for their work by filing liens on title and obtaining judgments against the opposing parties, using tools under the Builders Lien Act to ensure full or substantial payment.

Acting for homeowners in a dispute with their contractor on a large luxury home development project

Acting for a number of contractors in actions to enforce builders liens against general contractors and owners

Acted for our construction manager client in a successful Supreme Court of British Columbia trial against the defendant owner for damages resulting from contractual disputes over CCDC 5A contract [Construction Management Contract for Services developed by the Canadian Construction Documents Committee (CCDC)]: JM Bay Properties Inc v Tung Cheng Yuen Buddhist Association, 2022 BCSC 81.

Successfully defended our trade contractor client in a Supreme Court of British Columbia hearing against the general contractor’s claim to cancel our client’s builder’s lien resulting in a settlement in favour of our client.

Acted on behalf of homeowners in relation to obtaining dismissal of numerous builder’s liens filed by various parties.

Successfully Represented Concrete Subcontractor with several months of unpaid invoices worth about a quarter of a million to bankrupt General Contractor. No formal contract in place, negotiated with Multi-unit development owner representative for a substantial settlement payment while maintaining claim against General Contractor.

Acted for Major infrastructure developer in major multi-party construction litigation involving a large variety of issues.

Acted for owners of a construction improvement in resolving a dispute with the general contractor and obtained removal of a lien and settlement of case.

Acted on behalf of Owner-Developer in action for breach of contract against owner developer of a US-based multi-unit residential building.

Acted on behalf of civil contractor in dispute with owner over CCDC 5B contract and extras for contaminated soils disposal

Successfully Represented Concrete Subcontractor with several months of unpaid invoices worth about a quarter of a million to bankrupt General Contractor. No formal contract in place, negotiated with Multi-unit development owner representative for a substantial settlement payment while maintaining claim against General Contractor.

Acted on behalf of homeowners in relation to claim against general contractor for breach of contract and negligence.

Acted on behalf of homeowners in relation to obtaining dismissal of numerous builder’s liens filed by subtrades

Acted on behalf of mechanical subcontractor in dispute with developer of high rise building in Surrey with contract value of $20m.

Acted on behalf of mechanical subcontractor in dispute with developer of high rise building in Richmond with contract value of $10m.

Acted on behalf of Professional Engineer in negligence claim and successfully defended engineer from claim of $10m.

Acted on behalf of owner in resolution of dispute with claim against engineer for negligent design and supervision of glazing.

Acted on behalf of construction manager in dispute with owner over unpaid invoices.

Acted on behalf of developer in relation to dispute with construction manager over breach of contract.

Acted on behalf of designer in relation to dispute with owner over unpaid invoices.

Acted for municipality in developing MMCD contract and administering tendering process for civil infrastructure works

Acted on behalf of homeowners in relation to claim against general contractor for breach of contract and negligence

Acted on behalf of US-based conglomerate in relation to dispute over heavy equipment supply contracts to major infrastructure projects in British Columbia

Successfully obtained judgment against developer on behalf of concrete formwork supplier in Supreme Court

Acted on behalf of construction manager in action for breach of contract against owner developer of a large Buddhist temple development

Acted on behalf of medical doctor in relation to dispute over large tenant improvement in orthodontic practice

Successfully avoided significant claims against owner orthodontic practice development from design-builder through negotiation and mediation

Acted for developer of 150-unit development against electrical subcontractor in claim for breach of contract

Acted on behalf of purchasers of real property with claim against developer for misrepresentation

Acted on behalf of owner in construction dispute over real property development

Acted for owners of a construction improvement in resolving a dispute with the general contractor and obtained removal of a lien and settlement of case

Acted for owners of a commercial retail property in defending against general contractor for claims for extras and obtained dismissal of claim by way of summary trial

Acted for concrete formwork subtrade in obtaining lien and payment on unpaid invoices and successfully obtained payment from owner by way of negotiation over builder’s lien holdback

Acted on behalf of developer of property in North Vancouver in action for breach of contract

Acted on behalf of Professional Engineer in dispute with City of Surrey over approval of building permit

Acted on behalf of owner-developer of property in dispute with City of New Westminster

Succeeded in obtaining a court judgment of $154,567.48 plus costs of $6,572.35 at a summary trial before the Supreme Court of British Columbia on January 13, 2021.

Succeeded in appeal before the Court of Appeal relating to a real estate development, on September 23, 2022. The court decision is published in Firestar Custom Home Builders Inc. v. 1099000 B.C. Ltd., 2022 BCCA 324.

Succeeded on behalf of a purchaser before the Supreme Court of British Columbia on March 11, 2022. The court decision is published in Chan v. Dhaliwal, 2022 BCSC 571.

Succeeded on behalf of vendors in preventing a real estate dispute from escalating into a lawsuit, on September 15, 2024.

Succeeded in dismissing a lawsuit relating to environmental contamination before the Supreme Court of British Columbia on behalf of a property owner, on April 8, 2024.

Acted for Professional Engineer in a complex civil fraud case involving multiple parties and jurisdictions

Successfully obtained payment on behalf of concrete formwork supplier against developer by way of claim against Builder’s Lien Holdback

Acted on behalf of glazing contractor in dispute with developers on multiple large developments with contract values between $5-$10m.

Successfully defended our engineer client in a successful Provincial Court of British Columbia trial against the plaintiff owner’s negligence and breach of contract claims.

Successfully resolved a complex contractual dispute for a contractor involving over 40 defendants regarding unpaid invoices.

Successfully resolved a dispute for a contractor with a curtain wall, recladding, and window wall contractor, related to a labor and materials bond.