Daniel-Byma-Vancouver-Lawyer

Daniel Byma *

Partner
Jurisdiction British Columbia, 2013
Language(s) English
Office(s) Vancouver
Contact
Business +1 604 631 4777
Email dbyma@fasken.com
*Law Corporation
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Overview

Daniel is a litigation and dispute resolution lawyer in the firm’s Vancouver office. His broad litigation practice focuses on commercial disputes, including real estate cases, breach of trust and fiduciary duty claims, contract cases, oppression claims, shareholder disputes, and fraud claims.

Daniel works with clients to understand their objectives and resolve disputes using a strategic approach. 

Daniel appears in all levels of court in British Columbia and the Supreme Court of Canada, and his experience includes trials, appeals, applications for injunctions, and other emergency relief.

Prior to joining the firm, Daniel clerked at the Supreme Court of Canada for the Honorable Justice Wagner.

Notable Cases

Park Royal Shopping Centre Holdings Ltd. v. Gap (Canada) Inc., 2017 BCSC 1257

Kaur v. Chandler, 2018 BCSC 1283

Imperial Parking Canada Corporation v. Anderson, 2015 BCSC 2221

Henry v. British Columbia (Attorney General), 2017 BCCA 420

Williams v. Gregg, 2018 BCSC 682

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Related Solutions

Practices

Achievements

  • Recognized as Ones to Watch in Corporate and Commercial Litigation in Vancouver, The Best Lawyers in Canada 2022 to 2023
Best Lawyers Publication name with laurels The Best Lawyers in Canada Recognized as Ones to Watch in Corporate and Commercial Litigation in Vancouver Best Lawyers is an attorney ranking service. For more than 30 years, it has identified lawyers best qualified to represent clients in various jurisdictions and specialties. Read more

Client Work

  • Kaur v. Chandler, 2018 BCSC 1283, [Case - Forjay Management Ltd.], The plaintiffs, Forjay Management Ltd. and Reliable Mortgages Investment Corporation, advanced over $34 million in loans for the specific purpose of purchasing land and developing a condominium complex.  Amongst other claims, the plaintiffs allege that the funds were improperly transferred to oth...
  • Williams v. Gregg, 2018 BCSC 682, [Case - John Michael Gregg], The plaintiffs brought an application to have Fasken's client held in contempt for failure to comply with the terms of a settlement agreement and court order.  In successfully dismissing the allegation, the client was not subject to fines or prison time which can follow from a finding of contempt.
  • Henry v. British Columbia (Attorney General) 2017 BCCA 420, [Case - British Columbia], Ivan Henry obtained a Charter damages award of approximately $8 million against the Province of British Columbia.  The Province sought and obtained an order that the settlement monies of over $5 million paid by the Provinces co-defendants, the City of Vancouver and Canada, should be deducted from...
  • Wheatland Industrial Park Joint Venture v. Soo, 2017 BCSC 2109, [Case - Wheatland Industrial Park Joint Venture], Fasken’s clients are the plaintiffs in claim for conspiracy and breach of fiduciary duty brought against a number of defendants with respect to a real estate development in Alberta.  Parties in another action brought an application to have their trial heard at the same time on the basis that simi...
  • Google Inc. v. Equustek Solutions Inc., [2017] 1 SCR 824, 2017 SCC 34, [Case - Electronic Frontier Foundation], In a landmark decision, the Supreme Court of Canada upheld an injunction restraining Google, a non-party to the litigation and non-resident corporation, from publishing offending websites in its search results worldwide.  This decision opens the door to Canadian organizations to seek global prote...
  • Park Royal Shopping Centre Holdings Ltd. v. Gap (Canada) Inc., 2017 BCSC 1257, [Case - Gap (Canada) Inc.], The Gap and Banana Republic’s lease agreement at Park Royal mall contained provisions that allowed for reduced rent if the vacancy of the mall’s tenants fell below a certain threshold.  When the landlord demolished portions of the mall for redevelopment, a dispute arose as to whether demolished p...
  • Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203, [Case - Andrew Peller Ltd.], Andrew Peller Ltd., a BC based winery, sued in contract and tort, alleging that the defendant, Mori Vines Inc., sold it defective grape vines.  The vines were part of a larger crop grown by Mori Vines in Ontario and treated there with a fungicide by the third party Mori Essex Nurseries Inc.  Mori...
  • Imperial Parking Canada Corporation v. Anderson, 2015 BCSC 2221, [Case - Imperial Parking], Imperial Parking Canada Corporation brought an action against its former CEO and consultant for, amongst other things, breach of fiduciary duty.  The central issue was whether the CEO, without Imperial Parking’s knowledge or consent, waived the consultant’s contractual non-competition obligations...
  • Urban Handyman Inc. v. Should I Stay or Should I Go West Productions Inc., 2015 BCSC 1780, [Case - Urban Handyman Inc.], Urban Handyman Inc. and Should I Stay or Should I Go entered into a settlement agreement with respect to litigation involving an alleged breach of a confidentiality provision in a contract.  The defendant brought an application to include a confidentiality and non-disparagement provision in th...
Case Represented Forjay Management Ltd. Kaur v. Chandler, 2018 BCSC 1283 The plaintiffs, Forjay Management Ltd. and Reliable Mortgages Investment Corporation, advanced over $34 million in loans for the specific purpose of purchasing land and developing a condominium complex.  Amongst other claims, the plaintiffs allege that the funds were improperly transferred to oth... Read more
Case Represented John Michael Gregg Williams v. Gregg, 2018 BCSC 682 The plaintiffs brought an application to have Fasken's client held in contempt for failure to comply with the terms of a settlement agreement and court order.  In successfully dismissing the allegation, the client was not subject to fines or prison time which can follow from a finding of contempt. Read more
Case Represented British Columbia Henry v. British Columbia (Attorney General) 2017 BCCA 420 Ivan Henry obtained a Charter damages award of approximately $8 million against the Province of British Columbia.  The Province sought and obtained an order that the settlement monies of over $5 million paid by the Provinces co-defendants, the City of Vancouver and Canada, should be deducted from... Read more
Case Represented Wheatland Industrial Park Joint Venture Wheatland Industrial Park Joint Venture v. Soo, 2017 BCSC 2109 Fasken’s clients are the plaintiffs in claim for conspiracy and breach of fiduciary duty brought against a number of defendants with respect to a real estate development in Alberta.  Parties in another action brought an application to have their trial heard at the same time on the basis that simi... Read more
Case Represented Electronic Frontier Foundation Google Inc. v. Equustek Solutions Inc., [2017] 1 SCR 824, 2017 SCC 34 In a landmark decision, the Supreme Court of Canada upheld an injunction restraining Google, a non-party to the litigation and non-resident corporation, from publishing offending websites in its search results worldwide.  This decision opens the door to Canadian organizations to seek global prote... Read more
Case Represented Gap (Canada) Inc. Park Royal Shopping Centre Holdings Ltd. v. Gap (Canada) Inc., 2017 BCSC 1257 The Gap and Banana Republic’s lease agreement at Park Royal mall contained provisions that allowed for reduced rent if the vacancy of the mall’s tenants fell below a certain threshold.  When the landlord demolished portions of the mall for redevelopment, a dispute arose as to whether demolished p... Read more
Case Represented Andrew Peller Ltd. Andrew Peller Ltd. v. Mori Essex Nurseries Inc., 2017 BCSC 203 Andrew Peller Ltd., a BC based winery, sued in contract and tort, alleging that the defendant, Mori Vines Inc., sold it defective grape vines.  The vines were part of a larger crop grown by Mori Vines in Ontario and treated there with a fungicide by the third party Mori Essex Nurseries Inc.  Mori... Read more
Case Represented Imperial Parking Imperial Parking Canada Corporation v. Anderson, 2015 BCSC 2221 Imperial Parking Canada Corporation brought an action against its former CEO and consultant for, amongst other things, breach of fiduciary duty.  The central issue was whether the CEO, without Imperial Parking’s knowledge or consent, waived the consultant’s contractual non-competition obligations... Read more
Case Represented Urban Handyman Inc. Urban Handyman Inc. v. Should I Stay or Should I Go West Productions Inc., 2015 BCSC 1780 Urban Handyman Inc. and Should I Stay or Should I Go entered into a settlement agreement with respect to litigation involving an alleged breach of a confidentiality provision in a contract.  The defendant brought an application to include a confidentiality and non-disparagement provision in th... Read more
All Client Work

Career & Education

Education

  • JD University of Manitoba
  • B Comm University of Calgary

Knowledge

  • Supreme Court of Canada Upholds Worldwide Injunction Restraining Google Search Results, 7/6/2017
  • B.C. Court of Appeal Decision Prohibits Google from Delivering Offending Search Results, 6/15/2015
Bulletin Supreme Court of Canada Upholds Worldwide Injunction Restraining Google Search Results On June 28, 2017 the Supreme Court of Canada released its highly anticipated decision in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 (PDF), which arose out of intellectual property litigation between Equustek and a third party. The Court upheld an injunction restraining Google, a non-part... Read more
Bulletin B.C. Court of Appeal Decision Prohibits Google from Delivering Offending Search Results On June 11, 2015, the B.C. Court of Appeal released its highly anticipated decision in Equustek Solutions Inc. v. Google Inc., 2015 BCCA 265.  This landmark decision upholds the right of an aggrieved party to obtain an injunction to prevent an internet search engine, in this case Google, from inc... Read more

Events

  • What if I Can’t Perform My End of the Deal? Force Majeure Clauses and Frustration, 4/13/2023
Two business people Webinar | Webinar Series What if I Can’t Perform My End of the Deal? Force Majeure Clauses and Frustration Join us for the final webinar in Fasken’s Commercial Litigation series! About the event

News

  • Thirty-Four Fasken Lawyers Join Firm Partnership, 12/17/2021
  • Fasken recognized in Lexpert®’s Top 10 Deals and Business Decisions of 2017, 2/8/2018
  • The Province quotes Daniel Byma in an article about the case against Robertson and Meggs, 3/31/2015
Thirty-Four Fasken Lawyers Join Firm Partnership News Release Thirty-Four Fasken Lawyers Join Firm Partnership Congratulations to Fasken’s 34 new Partners, effective January 1, 2022. They represent a variety of practice areas, across our offices Read more
News - 7 News Release Fasken recognized in Lexpert®’s Top 10 Deals and Business Decisions of 2017 Toronto (Canada) – Fasken is highlighted as a key player in one deal and an intervenor in two of the top cases in Lexpert®’s Top 10 Deals and Business Decisions of 2017. This annual list outlines the most significant Canadian legal decisions and deals in the last twelve months, and is solicited f... Read more
Media Coverage The Province quotes Daniel Byma in an article about the case against Robertson and Meggs The Province quotes Daniel Byma, a lawyer at Fasken Martineau in Vancouver, in the article  ‘‘Lawyer argues audio recording should have significant weight in case against Robertson and Meggs’’ about the significance of an audio recording in the case against Vancouver Mayor Gregor Robertson and Co... Read more

Publications

  • Supreme Court of Canada Upholds Worldwide Injunction Restraining Goodle Search Results, 7/25/2017
  • B.C. Court of Appeal decision prohibits Google from delivering offending search results, 6/15/2015
  • Kennedy V. Coe: a Look at an Unconventional Defendant, 12/1/2014
Article Supreme Court of Canada Upholds Worldwide Injunction Restraining Goodle Search Results Read more
Article B.C. Court of Appeal decision prohibits Google from delivering offending search results Read more
Article Kennedy V. Coe: a Look at an Unconventional Defendant

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