David A. Goult | Fraser Milner Casgrain LLP

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David A. Goult LL.B., Counsel

David Goult practises in the area of litigation and dispute resolution. David was called to the British Columbia Bar in 1993 after clerking at the British Columbia Supreme Court.

David has acted as counsel in all levels of court, including the British Columbia Supreme Court, the British Columbia Court of Appeal, the Federal Court of Canada and the Supreme Court of Canada, as well as before various administrative tribunals. David’s broad commercial litigation background includes securities litigation, appearances before the British Columbia Securities Commission and class action defence (including matters alleging breaches of securities legislation). In addition, David has handled many cases in such diverse areas as defamation, employment litigation, local government, administrative law and professional discipline.

David regularly edits materials on behalf of the Law Society of B.C.’s Professional Legal Training Course and contributes his time and expertise as a guest instructor on behalf of the Continuing Legal Education Society.

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Representative Work

Successfully represented a major national brokerage firm in defending itself against allegations of negligence and breach of fiduciary duty

Counsel to American Bullion Minerals Ltd. with respect to Imperial Metals Corporation's $22 million bid to acquire American Bullion Minerals Ltd.

Counsel to Athabasca Potash Inc. (API) with regard to its $341 million acquisition by BHP Billiton by way of plan of arrangement

Counsel to the developer of the Jameson House Project, a 36 storey $200 million mixed-use development project, on its ground breaking restructuring under the Companies’ Creditors Arrangement Act

Represented a financial institution in defending itself against allegations of accessory to breach of trust, breach of fiduciary duty and knowing receipt of trust property

Defended a land developer against allegations made by a group of investors of breach of trust, breach of fiduciary duty and knowing receipt of trust property

Represented a pulp company in an action against a multi-national forestry company for breach of contract with respect to fibre supply

Acted for a publicly traded company in defending it in a class action for misrepresentation in a prospectus

Represented an accounting firm in a multi-million dollar action against one of its former partners for breach of its partnership agreement

Defended a financial institution in a class action for wrongful calculation of mortgage prepayment penalties

Defended a local government in a class action for unlawful collection of local development fees

Acted for a land developer in challenging zoning changes made to a large parcel of land in suburban Vancouver

Represented a local government in a challenge to a bylaw allowing it to collect development cost charges

Defended a national firm of investment advisors in cases involving allegations of negligence, breach of contract and breach of fiduciary duty

Defended a medical practitioner against allegations of intentional tortious conduct

Acted for a professional association as counsel to a disciplinary panel

Publications

Review of the Jameson House Restructuring

Focus on Real Estate - November 2009

Prior Speaking Engagements

Presenter, “The Flexibility the CCAA Provides”, How to Succeed in a Real Estate Restructuring: The Jameson House Experience, Vancouver, October 27, 2009