Jeff Hernaez

Jeff acts in a variety of commercial litigation matters including breach of contract claims, class proceedings, negligence actions and real estate disputes.

Selected cases

Wilson v G. Wilson Construction Co. Ltd., 2024 BCSC 1893: As junior counsel to Brent Olthuis KC, Jeff acted for a director and shareholder of a company in a deadlock situation who successfully sought leave to commence and control a derivative claim on behalf of the company.

Nesbitt v College of Physicians and Surgeons of British Columbia, 2024 BCSC 1661: Jeff acted for the College of Physicians and Surgeons of British Columbia in a successful application to strike a civil claim alleging negligence, intimidation and bad faith.

Sood v. Hans, 2023 BCCA 138: As junior counsel to Brent Olthuis KC, Jeff acted for a respondent in an appeal where the appellant sought to cancel a certificate of pending litigation.

1269349 B.C. Ltd. v Chase Valley Investment Corporation Inc., 2021 BCSC 1802: As junior counsel, Jeff resisted an application to remove a certificate of pending litigation.

Jeff acts on judicial reviews of administrative action and statutory appeals.

Selected cases

English v. Richmond (City), 2021 BCCA 442: Jeff acted for a respondent in an appeal brought by a municipality to overturn a successful a petition for judicial review in the court below, relating to a decision by the municipality to refuse to issue a building permit. The Court of Appeal upheld the finding that the statutory decision maker’s decision was unreasonable and confirmed that courts may use extrinsic evidence when applying the modern principle of statutory construction.

• Member of the Board of Directors for the Vancouver Bar Association (since November 2023)

• Member, Canadian Bar Association

• Member, The Advocates Society