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Biography

Cole is a partner in Hamilton Duncan’s Commercial Litigation Department and has been practicing law in British Columbia since 2018. Cole’s practice is principally focused on civil and commercial litigation matters, though he also has substantial experience in real estate and construction litigation.

Cole’s experience has led him to help his clients in multiple ways that include advising clients prior to litigation through negotiations and dispute resolution, risk analysis and assessment, and understanding potential rights, defenses, and challenges. Once engaged in litigation, Cole draws upon his extensive expertise assisting clients – ranging from small and medium-sized local businesses to large enterprises – in order to deliver a nuanced, practical, tactical and cost-effective approach. His goal is to navigate legal actions effectively, ensuring the best possible outcome for his clients.

Cole has presented cases before all levels of courts in British Columbia, including the Provincial Court, the Supreme Court and the Court of Appeal, including on trials, summary trial, appeals and various chambers applications. In addition, Cole has experience with matters involving various administrative, regulatory and quasi-judicial bodies including the Fraser Valley Real Estate Board, BC Financial Services Administration, the Office of the Information and Privacy Commissioner and others.

Work Highlights

Some of Cole’s recent representative experience – whether as lead counsel or as part of a litigation team – includes:

  • Successfully opposed an application to dismiss a client’s claim for want of prosecution (Kosmas v. Kosmas, 2023 BCSC 1093)
  • Sought and obtained the dismissal of a claim against a sub-contractor for want of prosecution
  • Obtained judgment for the full amount claimed plus interest and costs following a summary trial in an action involving a fraudulent conspiracy to orchestrate the theft of loan proceeds
  • Successfully applied on short notice to remove certificates of pending litigation from significant development properties without the defendant being required to post security for the claims
  • Obtained a summary dismissal of a significant claim to vary a will on the basis that the claim was time-barred (Chartier v. Chartier, 2022 BCSC 2155)
  • Obtained an order striking out claims against corporations improperly dragged into an unrelated marital dispute (Gill v. Samra, 2022 BCSC 871)
  • Successfully opposed a claim to full indemnity for legal costs in connection with a builder’s lien that had been found to be wrongfully filed, which decision is now the seminal authority in respect claims under section 19 of the Builders Lien Act (Century Group GP Co. Ltd. v. KRS Excavating Ltd., 2022 BCSC 357)
  • Successfully defended two of three foreclosure proceedings against a mortgagor alleged to owe substantial amounts on certain mortgages Padda v. Lalli, 2021 BCSC 2088:

Associations

  • Vancouver Bar Association – Member
  • Canadian Bar Association – Member

Practice Areas

Business Law Practice Areas

Personal Law Practice Areas

Education

  • J.D., Thompson Rivers University – Faculty of Law (2016)
  • B.A., University of British Columbia – Okanagan (2008)

Bar Locations

  • British Columbia (2018)

Languages

  • English