Herman Van Ommen* is the Regional Managing Partner, British Columbia, and head of the Litigation Group in Vancouver. His practice involves real estate litigation, corporate litigation and professional discipline proceedings.
Within his real estate practice, he advises primarily private sector clients, including owners and developers of land, condominiums, shopping centres and commercial properties. He has particular expertise in resolving commercial lease disputes, such as rent reviews and a wide variety of landlord-tenant disputes.
Mr. Van Ommen's corporate practice focuses on shareholders' disputes, minority oppression actions and corporate fraud. He advises corporations with respect to fraudulent acts, including illegal contracts, security regulations, and enforcing joint venture and option agreements. He has extensive experience conducting arbitrations and mediations for corporate clients.
Within the regulation of professionals, Mr. Van Ommen has acted for the Law Society of British Columbia in disciplinary and credential hearings. In addition, he has acted for other professionals such as real estate agents, teachers, engineers, geophysicists, surveyors and veterinarians.
Mr. Van Ommen is featured in 2012 Benchmark Canada, The Definitive Guide to Canada's Leading Litigation Firms & Attorneys as a local litigation star in the areas of arbitration, commercial litigation professional liability and securities.
His litigation experience includes:
· acting for The Board of Education of School District No. 57 in a dispute concerning the rejection of tendered documents submitted by a roofing company: Admiral Roofing v. School District 57 (Board of Education), 2010 BCSC 1394 - 2010,1,10 Supreme Court;
· resisting an application for leave to appeal from an arbitration award for damages for breach of contract concerning a finder's fee agreement: Creston Moly Corp. v. Sattva Capital Corp., 2010 BCCA 239 - 2010/05/14 see also 2009 BCSC 1079
· acting for The Nature Trust resisting an order for the partition of a parcel of environmentally sensitive land on Savary Island under the Partition of Property Act owned jointly by multiple parties: Sahlin v. The Nature Trust of British Columbia, Inc., 2010 BCSC 318 - 2010/03/12 Supreme Court;
· acting for a car rental company in a dispute concerning allocation of costs relating to leased land: Budget Rent-A-Car of B.C. Ltd. v. Vancouver International Airport Authority, 2009 BCCA 22 - 2009/01/23 Court of Appeal;
· opposing an application to amend pleadings on the eve of trial on the basis that the plaintiff was bringing forth an entirely different claim: Maximum Ventures Inc. v. de Graaf, 2008 BCSC 199 - 2008/02/04 Supreme Court;
· obtaining an order of specific performance for a purchaser of development lands and opposing a stay of proceedings pending appeal: Tannery Park Development Corp. v. Georgilas Investments Ltd., 2006 BCCA 569 - 2006/12/14 Court of Appeal; also 2006 BCCA 381 - 2006/08/17 Court of Appeal;
· acting for the developer of a hotel defending a claim by the general contractor for additional payments and obtaining an order that general contractor provide extensive particulars of their claim: Amako Construction Ltd. v. WVC Phase III Ltd. Partnership., 2006 BCSC 2003 - 2006/01/27 Supreme Court;
· representing a software technology provider defending a claim by a shareholder, the former principal of the company: Enterprise Payment Solutions Inc. et al. v. Soft Tracks Enterprises. Ltd. et al., 2005 BCSC 572 - 2005/04/15 Supreme Court;
· representing a former liquidator on an appeal from an order staying a liquidation of an investment syndicate on behalf of the liquidator: Commonwealth Trust Co. (Re), 2005 BCCA 13 - 2005/01/12 Court of Appeal;
· acting for the owner of land opposing a claim of lien in respect of a fibreoptic cable connected to the property but located off of the property: Pedre Contractors Ltd. v 2725312 Canada Inc. and 360 Fibre Ltd., 2004 BCSC 1112 - 2004/08/23 Supreme Court;
· acting for the Law Society on an application to appeal a Law Society decision to disbar a practitioner: Eisbrenner v. Law Society of British Columbia, 2004 BCCA 127 - 2004/03/05 Court of Appeal;
· obtaining dismissal of an appeal of a Law Society decision finding that a practitioner was guilty of professional misconduct in failing to comply with an undertaking to discharge a mortgage from the title of property purchased by the practitioners' clients: The Law Society of British Columbia v. Heringa, 2004 BCCA 97 - 2004/02/13 Court of Appeal;
· obtaining dismissal of appeal of a Law Society decision to disbar a practitioner for intimidating witnesses with respect to their giving evidence at a trial in which the practitioner was counsel: Law Society of British Columbia v. Ewachniuk, 2003 BCCA 223 - 2003/04/15 Court of Appeal;
· opposing an application by a defendant to amend its statement of defence in a claim that wrongful dismissal led to a suicide: Norbury v. Danka Business Systems, 2003 BCSC 1810 - 2003/12/02 Supreme Court;
· obtaining dismissal of an appeal under the Commercial Arbitration Act from an arbitration award enforcing payment of additional rent provided for in a lease: Simon Fraser Student Society v. Simon Fraser University, 2002 BCCA 645 - 2002/11/26 Court of Appeal;
· obtaining dismissal of an application seeking interim and interlocutory injunctive relief against the various defendants pending a trial concerning conflicts of interest, confidential information and employer remedies: Future Shop Ltd. v. Northwest-Atlantic (B.C.) Broker Inc. et al., 2000 BCSC 1797 - 2000/12/13 Supreme Court;
· acting for the owner of a shopping centre enforcing termination of a lease wherein an anchor tenant downsized its operations: Mission City Holdings Ltd. v. Jim Pattison Industries Ltd., 2000 BCCA 302 - 2000/05/11 Court of Appeal;
· opposing an application seeking to prevent the Law Society from obtaining evidence in the United States pursuant to US laws: Penty v. Law Society of British Columbia, 1999 BCCA 630 - 1999/11/01 Court of Appeal;
· acting for the appellant before a five-person panel of the Court of Appeal that overturned prior decisions and set a new test for determining forum conveniens in Canada: 472900 B.C. Ltd. v. Thrifty Canada Ltd., - 168 D.L.R. (4th) 602) - 1998/12/18 Court of Appeal;
· acting for the appellant opposing the summary dismissal of his claim trial pursuant to Rule 18(a): World Wide Treasure Adventures Inc. v. Trivia Games Inc., 17 B.C.L.R. (3d) 187 - 1996/01/09 Court of Appeal;
· acting for a debenture holder opposing a claim of set off by the debtor: Tiger Williams Enterprises Ltd. v. Under the Car Repairs Inc., 91 B.C.L.R. (2d) 390 - 1994/02/17 Court of Appeal; and
· acting for the vendor of property to obtain damages for breach where it was alleged that the vendor was not able to close because it did not have a executed discharge of the mortgage at the time of closing: Gross v. Cottier, 71 B.C.L.R. (2d) 1 -1992/08/27 Court of Appeal.
Mr. Van Ommen attended McGill University for his undergraduate work and received his LLB in 1984 from the University of Victoria. He was called to the British Columbia bar in 1985.
He has delivered CLE seminars concerning summary trials and obtaining evidence outside the jurisdiction, and has developed and moderated a CLE course on ethics entitled "Ask the Experts." As well, he lectures regularly to clients and in-house counsel on ethical issues in business and legal practice.
Mr. Van Ommen is a Bencher of the Law Society of British Columbia.
*denotes Law Corporation