Wes McMillan, Alex Mok, and Noah Faust-Robinson secure victory after 10-day trial

Wes McMillan, Alex Mok, and Noah Faust-Robinson successfully secured a liability judgment for the plaintiff against the defendant for its failure to restore the plaintiff’s property and pay rent for the non-operational period.

The plaintiff operated a hotel in Duncan, B.C. During the pandemic, it leased the hotel to the defendant so that the defendant could provide temporary shelter for the vulnerable population in the region. The arrangement eventually lasted for almost two years. As a result, the rooms were extensively used, and the property could no longer operate as a hotel.

The trial was split into two phases. In the first phase, the trial judge found in favour of the plaintiff and concluded that the defendant failed to restore the property to the required standard and failed to pay rent until the property was functioning again. The parties will appear before the trial judge again to argue the quantum of the claim in the second phase of the proceedings.

The matter spanned a period during which Wes McMillan and Greg Allen each went on sabbatical and assumed conduct of the file at different points to ensure its continued progress. This reflects AMLC’s collaborative and collegial approach to preserving continuity and providing seamless representation on an extended and complex matter.

For the full details on this case, visit: 2026 BCSC 1371. For more information on Allen / McMillan’s commercial litigation practice, please contact Wes (wes@amlc.ca) or Alex (alex@amlc.ca).