Gokturk v. Nelson
Michael Gokturk
Law Firm / Organization
Bojm, Funt & Gibbons LLP
Scott Nelson
  • Background: The dispute arose from a transaction where Scott Nelson agreed to sell Michael Gokturk 50 bitcoins for $535,000. Gokturk, operating a cryptocurrency exchange, never paid Nelson after receiving the bitcoins. Nelson filed a lawsuit to recover his money.

  • Legal Proceedings: After Gokturk's lawyer withdrew, a new service address was provided for Gokturk, but the notification of the withdrawal was not served on Nelson's counsel. Nelson proceeded with a summary trial application, which Gokturk did not respond to, leading to a judgment in favor of Nelson.

  • Service Dispute: Gokturk filed for reconsideration, arguing improper service and challenging the judgment. He claimed he was not properly served since his lawyer's withdrawal was not formally communicated to Nelson’s counsel. The court initially found Nelson was entitled to rely on the provided service address and dismissed Gokturk's application.

  • Court of Appeal's Decision: The Court of Appeal upheld the original decisions, noting that any service irregularities were addressed in the reconsideration application, where Gokturk had the opportunity to argue his case. The court emphasized that the reconsideration application resolved any issues regarding proper service.

  • Outcome: The appeal was dismissed, maintaining the judgment in favor of Nelson for the unpaid sum of $535,000 for the bitcoins.

Court of Appeals for British Columbia
CA47981
Corporate & commercial law
$ 535,000
Respondent