Dean J. Winterton

Recent Decisions

• Crazy Greek Chick Foods Limited v. Chakroborty, 2026 BCCA 204 – successfully argued for the dismissal of an appeal seeking to set aside an order setting aside a default judgement on the basis that it was open to the judge to find sufficient evidence of a meritorious defence or one worthy of investigation. Furthermore, in reaching that conclusion, the judge did not conduct herself in a procedurally unfair manner.
• Suchy v. Suchy, 2026 BCSC 834 successfully argued for costs payable by the plaintiff to a lawyer defendant on the basis that depriving a successful party of costs on a finding of quasi-liability for pre-litigation conduct that is not actionable is an erroneous application of the principle guiding the exercise of discretion in determining when and how to award costs.
• Collmann v. Rally, 2026 BCSC 138 – successfully argued for the claim against a lawyer to be struck on the basis that the claim disclosed no reasonable cause of action, was unnecessary and an abuse of process.
• Crazy Greek Chick Food Limited v. Chakroborty, 2026 BCCA 31 – successfully argued for the striking out of portions of the appellants’ factum and the dismissal of the appellants’ fresh evidence application.
• Crazy Greek Chick Food Limited v. Chakroborty, 2025 BCCA 395 – successfully argued that the exceptional circumstances of an appeal justified an order that the appellants’ fresh evidence application and the respondent’s application to strike portions of the appellants’ factum be heard together in advance of the appeal.
• Lu v. Dentons Canada LLP, 2025 BCSC 2003 – successfully argued for the claim against Dentons Canada LLP to be struck on the basis that insufficient facts were pleaded to establish a claim for breach of trust.
• Yancheshmeh v Doe, 2023 BCSC 2192 – successfully argued for the dismissal of an application to strike a claim for injuries suffered during the course of an international flight.
• Gill v. Gill Estate, 2023 BCCA 427 – successfully argued for the dismissal of an application to vary an order of the Court of Appeal.
• Khoe v Guo, 2023 BCSC 381 – successfully argued that a pleading in an action commenced against a lawyer disclosed no cause of action.
• Abbott v. Nanaimo/Ladysmith School District No.68, 2021 BCSC 665 – successfully argued for the dismissal of an application for interrogatories, an affidavit verifying a list of documents and the production of documents in a claim for personal injury.
• The Insurance Corporation of British Columbia v Teck Metals Ltd., 2020 BCSC 1617 – successfully argued for the preservation of 518 vehicles, allegedly damage by acid, pending the completion of physical examinations of said vehicles.

Representative Work

• Counsel for out of province insurers for motor vehicle personal injury claims arising in BC
• Acted for plaintiffs in subrogated recovery actions arising out of property damage
• Acted for engineers in professional liability claims
• Assited lead counsel in the defence of a transportation company in 21 lawsuits alleging damage to approximately 1,100 vehicles as a result of a spill of sulphuric acid on a Provincial highway, with total alleged damages in excess of $33m.
• Acted as counsel for a hospital in a claim for alleged medical malpractice.
• Acted for lawyers in professional liability claims.
• Acted as counsel for School Districts across BC in claims for personal injury

Education

• 2018 Called to the British Columbia Bar
• 2017 Federation of Law Societies of Canada, Certificate of Canadian Accreditation
• 2014 Admitted as an Advocate/Barrister of the High Court of South Africa
• 2011 Admitted as an Attorney/Solicitor of High Court of South Africa
• 2008 LLB, University of Pretoria, South Africa

Professional Memberships

• Member, Law Society of British Columbia
• Member, Canadian Bar Association, B.C.
• Branch (Insurance Law and Civil Litigation – Vancouver sections)