Plaintiff
Defendant
Case Overview:
Phil Gross sued his brother, John Anthony Gross, and affiliated companies (the "Peak Group of Companies") in the Supreme Court of British Columbia. The dispute centered on an alleged 1992 oral agreement that any future building supply companies started by either brother would be equally shared.
Legal Issues:
Phil Gross claimed entitlement to an equal share of assets based on the agreement, asserting it arose from mutual efforts to navigate legal troubles in the early 1990s. John Gross denied the agreement's existence. A key procedural issue involved the disqualification of the plaintiff's counsel, Rose-Mary Basham, K.C., who had previously represented John Gross in related litigation. Concerns arose over potential misuse of confidential information and breach of loyalty. The court ruled that both Basham and co-counsel W.G. Wharton were disqualified from participating in the Disqualification Application proceedings.
Outcome and Costs:
The ruling addressed only the procedural issue of counsel disqualification. The document did not specify the outcome of the main claim or detail any costs or awards granted.
Court
Supreme Court of British ColumbiaCase Number
S213994Practice Area
Corporate & commercial lawAmount
Winner
DefendantTrial Start Date
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