Gross v. Peak Products Manufacturing Inc.
Phil Gross
Law Firm / Organization
Not Specified
Lawyer(s)

W.G. Wharton

Peak Products Manufacturing Inc.
Peak Products International Inc.
Peak Innovations Inc.
Peak Products America Inc.
Peak Products USA Corporation
Peak RSG Services Inc.
Peak Products Corporation
Peak Products Industries Inc.
Peak Products Industrial Inc.
Mountaintop Holdings Inc.
561885 BC Ltd.
Synergize Innovations Inc.
West Coast Summit Holdings
Peak Installations Inc.
H2Go Installations Inc.
Onpoint Compliance Solutions Inc.
Superspike Inc.
Synergize International Inc.
6191533 Canada Inc.
6251242 Canada Inc.
7260326 Canada Inc.
7259158 Canada Incorporated
7258356 Canada Inc.
6504558 Canada Inc.
Peak Products Pty. Ltd.
Synergize Incorporated
All corporations and entities, wherever situated, captured by the February 1992 agreement (Individually and collectively referred to as the "Peak Group of Companies")
John Anthony Gross aka John Gross

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.

Supreme Court of British Columbia
S213994
Corporate & commercial law
Defendant