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Charlotte C. Leung
Associate

Biography

Charlotte primarily practices construction litigation involving insurance, negligence, new home warranty, products liability, contracts and builders liens. She has appeared before all levels of court in British Columbia and some administrative tribunals. She has extensive trial, mediation and arbitration experience. She frequently acts as counsel for engineers, architects, contractors, subcontractors, developers, construction managers, owners and surveyors in infrastructure, industrial, transportation, commercial and residential construction projects. Charlotte has ample experience with claims involving negligent design and construction, delay, acceleration and loss of productivity, cost overruns, differing site conditions, additional work, unpaid fees, builders liens and bonding.

Charlotte’s practice also includes other complex litigation including property damage and administrative proceedings. She has represented home inspectors, insurance brokers, mortgage brokers, accountants, realtors and property managers in negligence claims. She occasionally provides coverage advice and acts as monitoring counsel.

Charlotte has presented at a construction conference held by the Pacific Business & Law Institute. She was involved with updating and editing the CLE BC Builders Liens Practice Manual and developed a Real Estate Errors & Omissions Insurance course used for the licensing of real estate professionals across British Columbia. She also volunteers at Access Pro Bono, providing summary advice to low-income individuals.

Prior to joining Guild Yule, Charlotte articled and practiced at a prominent construction and insurance defence firm in downtown. Charlotte was born and raised in Vancouver, and returned to practice law here after obtaining law degrees from UBC and University of Hong Kong through a double law degree program. While in Hong Kong, Charlotte clerked at the Court of Appeal and the Court of First Instance.

Charlotte is fluent in Cantonese. Outside the office, she enjoys golfing and exploring the world.

Recent decisions | Representative Work

Trial, Appellate and Administrative Decisions

Can-West Development Ltd. v. Parmar, 2019 BCSC 1573

Successful in a 25 day trial representing an owner against a builder involving breach of contract and negligent construction claims with respect to over a hundred deficiencies in a newly constructed residential duplex and laneway house in Vancouver.

The Owners, Strata Plan KAS 3575 v. Renascence Enterprises (Shannon Lake) Corp., 2017 BCSC 1336

Successful in a summary trial representing a structural engineer against a developer of a condominium in Kelowna dismissing claims for pure economic loss absent a substantial danger to the health or safety of the occupants, applying principles from Winnipeg Condominium No. 36 v. Bird Construction Co., [1995] 1 SCR 85 and M. Hasegawa & Co. Ltd. v. Pepsi Bottling (Canada), 2002 BCCA 324.

CMC Engineering and Management Limited v. Pinnacle Renewable Energy Inc., 2018 BCSC 2457

Co-counsel in a 3 day application to strike 8 expert reports prior to a 50 day trial involving claims of negligent design and construction of a wood pellet shipping and receiving facility in Prince Rupert, alleging that they usurp the role of the trier of fact because the experts interpret contractual obligations, make findings of fact and draw conclusions about legal responsibility.

BC Wildfire Service v. Chu Cho Industries Limited Partnership, 23060-40-FPG38872

Successful in an administrative proceeding where the BC Wildfire Service alleged a construction and forestry company contravened the Wildfire Act and Wildfire Regulation as a result of two holdover fires which re-ignited in the Spring after burning debris piles under a BC Hydro contract during the previous Winter. The claims were dismissed as the defence of due diligence was established and no fire control costs or administrative penalties were ordered.

Angelis v. Siermy, 2022 BCSC 31

Co-counsel in a 19 day trial between family members who owned multiple apartment buildings with an estimated value of 100 million through a family company involving breach of testamentary contract and unjust enrichment claims where the plaintiff alleged she provided over 30 years of unpaid property management services in exchange for the defendant’s shares in the family company upon her death.

J & A Properties Ltd. v. De Angelis, 2020 BCSC 1254

Co-counsel in a 2 day Petition involving appointment of a liquidator under the Business Corporations Act during liquidation of a family company that owned multiple apartment buildings.

Klein v. Sun, 2018 BCSC 245

Co-counsel in a 15 day trial involving a dispute between friends who purchased a farm property in Langley to obtain immigration status under the BC Provincial Nominee Program. The plaintiff claimed for declaration of ownership and damages for breach of fiduciary duty, trespass, occupational rent and punitive damages.

Whitford v. Whitford, 2020 BCSC 513

Co-counsel in a 11 day trial involving a dispute between parents and their adult children over a jointly purchased semi-rural property in Langley involving declaration of ownership, trusts and unjust enrichment claims.

Ascent One Properties Ltd. v. Liao, 2017 BCSC 1017, 2020 BCCA 247
Successful in a 15 day trial and subsequent appeal involving claims of breach of fiduciary duty and repayment of a shareholder’s loan with respect to an aborted real estate development project in Maple Ridge.

0976820 B.C. Ltd. v. Dorset Realty Group Canada Ltd., 2022 BCSC 988

Successful in a 13 day trial of two actions tried together involving negligent misrepresentations against the dual leasing agent, landlord and property manager with respect to a lease of commercial property. The claims were dismissed through a no evidence application.

Amy Bouchard and Ingrid Munro v. N.W. Auto Depot Ltd., Westminster Motors Ltd. and Gordon Valente, 2018-BCRMD-033

Co-counsel in a 3 day administrative proceeding where the Vehicle Sales Authority alleged a motor dealer contravened the Motor Dealer Act, Business Practices and Consumer Protection Act and Salesperson Licensing Regulation.

Arbitration

Co-counsel for a large Canadian engineering and construction company with respect to a dispute involving a generating station replacement project.

Co-counsel for a large American engineering and construction company with respect to a dispute involving a wastewater treatment plant.

Co-counsel for a large international engineering and architecture company with respect to a dispute involving a light rail transit system.

Education | Professional Affiliations

Education
British Columbia Bar, 2019
J.D., University of British Columbia, 2018
LL.B, University of Hong Kong, 2018
Exchange Program, Department of Law, London School of Economics, 2015

Professional Affiliations
Member, Canadian Bar Association BC Branch
Member, Vancouver Bar Association
Member, Federation of Asian Canadian Lawyers
Member, Vancouver Regional Construction Association
Member, Canadian Construction Women
Member, Canadian Defence Lawyers
Member, National Asian Pacific American Bar Association

Publications | Seminars

CLEBC British Columbia Builders Liens Practice Manual

Updated and edited Chapter 3: The Lienable Interest and Chapter 4: Quantum of Liens in the CLEBC British Columbia Builders Liens Practice Manual from 2017-2020.

Interpretation of Standard Faulty Workmanship Exclusion Clauses in Course of Construction Policies

Paper presented at the Pacific Business & Law Institute Conference, Construction Projects in 2022: Global Disruptions, Local Solutions on October 25, 2022.

Real Estate Errors & Omissions Insurance Course for the Real Estate Council of British Columbia (RECBC)

Developed real estate Errors & Omissions Insurance courses used for the licensing of real estate professionals across BC in 2017 and 2018.