STROTHER v 3464920 CANADA INC. 2007 SCC 24

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Davis & Company, a partnership

Robert C. Strother

Robert C. Strother, Strother Family Trust (Trust No. 1) and University Hill Holdings Inc. (formerly known as 589918 British Columbia Ltd.) (Company No. 1)

3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation

V

3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation

Robert C. Strother, Davis & Company, a partnership, J. Paul Darc,

Pacific Cascadia Capital Corporation, Sentinel Hill Entertainment

Corporation, Sentinel Hill Productions Corporation, Sentinel Hill

Productions II Corporation, Sentinel Hill Productions (1999) Corporation,

Sentinel Hill Management Corporation, Sentinel Hill 1999‑1

Master Limited Partnership, Sentinel Hill 1999‑2 Master

Limited Partnership, Sentinel Hill 1999‑3 Master Limited

Partnership, Sentinel Hill 1999‑4 Master Limited Partnership,

Sentinel Hill 1999‑5 Master Limited Partnership,

Sentinel Hill 1999‑6 Master Limited Partnership,

J. Paul Darc and Leslie Marie Darc,

Trustees of the Darc Family Trust, and the said Darc Family Trust,

Sentinel Hill 1998 Master Limited Partnership,

Sentinel Hill 1998‑2 Master Limited Partnership,

Sentinel Hill Productions No. 5 Limited Partnership,

Sentinel Hill Productions No. 7 Limited Partnership,

Sentinel Hill 1999 Master Limited Partnership,

Sentinel Hill Ventures Corporation, Sentinel Hill Alliance

Atlantis Equicap Millenium Limited Partnership,

Sentinel Hill Productions III Corporation,

Sentinel Hill Alliance Atlantis Equicap Limited Partnership,

Sentinel Hill GP Corporation,

Company No. 1,

Company No. 2

Company No. 3,

Company No. 4,

Company No. 5

Company No. 6,

Company No. 7, ,

Company No. 8,

Company No. 9

Company No. 10,

Partnership No. 1,

Partnership No. 2,

Partnership No. 3,

Partnership No. 4, ,

Partnership No. 5

Partnership No. 6,

Partnership No. 7,

Partnership No. 8,

Partnership No. 9,

Partnership No. 10,

Trust No. 1,

Trust No. 2,

Trust No. 3,

Trust No. 4,

Trust No. 5,

Trust No. 6,

Trust No. 7,

Trust No. 8.

1 BINNIE J. — A fundamental duty of a lawyer is to act in the best interest of his or her client to the exclusion of all other adverse interests, except those duly disclosed by the lawyer and willingly accepted by the client. The appellant Robert Strother, a successful tax partner with the appellant Davis …

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Counsel Details

SOLICITORS AND COUNSEL
Solicitors for the appellant/respondent Davis & Company, a partnership: Nathanson, Schachter & Thompson, Vancouver.

Solicitors for the respondent/appellant 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation): Holmes & King, Vancouver.

Solicitors for the appellants/respondents Robert C. Strother, the appellants Strother Family Trust (Trust No. 1) and University Hill Holdings Inc. (formerly known as 589918 British Columbia Ltd.) (Company No. 1), and the respondents Partnership No. 1, Partnership No. 2, Partnership No. 3, Partnership No. 4, Partnership No. 5, Partnership No. 6, Partnership No. 7, Partnership No. 8, Partnership No. 9, Partnership No. 10, Trust No. 1, Trust No. 2, Trust No. 3, Trust No. 4, Trust No. 5, Trust No. 6, Trust No. 7, Trust No. 8, Trust No. 9 and Trust No. 10: Farris, Vaughan, Wills & Murphy, Vancouver.

Solicitors for the respondents J. Paul Darc, Pacific Cascadia Capital Corporation, Sentinel Hill Entertainment Corporation, Sentinel Hill Productions Corporation, Sentinel Hill Productions II Corporation, Sentinel Hill Management Corporation, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust, Company No. 1, Company No. 2, Company No. 3, Company No. 4, Company No. 5, Company No. 6, Company No. 7, Company No. 8, Company No. 9 and Company No. 10: Macaulay McColl, Vancouver.

Solicitors for the respondents Sentinel Hill Productions (1999) Corporation, Sentinel Hill 1999-1 Master Limited Partnership, Sentinel Hill 1999-2 Master Limited Partnership, Sentinel Hill 1999‑3 Master Limited Partnership, Sentinel Hill 1999-4 Master Limited Partnership, Sentinel Hill 1999‑5 Master Limited Partnership, Sentinel Hill 1999-6 Master Limited Partnership, Sentinel Hill 1998 Master Limited Partnership, Sentinel Hill 1998-2 Master Limited Partnership, Sentinel Hill Productions No. 5 Limited Partnership, Sentinel Hill Productions No. 7 Limited Partnership, Sentinel Hill 1999 Master Limited Partnership, Sentinel Hill Ventures Corporation, Sentinel Hill Alliance Atlantis Equicap Millenium Limited Partnership, Sentinel Hill Productions III Corporation, Sentinel Hill Alliance Atlantis Equicap Limited Partnership and Sentinel Hill GP Corporation: Hunter Litigation Chambers Law Corporation, Vancouver.

Solicitors for the intervener the Canadian Bar Association: Lax O’Sullivan Scott, Toronto.
Irwin G. Nathanson, Q.C., Ardella A. Thompson and Geoffrey Gomery, for the appellant/respondent Davis & Company, a partnership.

Rose‑Mary Liu Basham, Q.C., Robert D. Holmes and Leslie J. Muir, for the respondent/appellant 3464920 Canada Inc. (formerly known as Monarch Entertainment Corporation).

George K. Macintosh, Q.C., J. Kenneth McEwan, Q.C., and Robin M. Elliot, Q.C., for the appellants/respondents Robert C. Strother, the appellants Strother Family Trust (Trust No. 1) and University Hill Holdings Inc. (formerly known as 589918 British Columbia Ltd.) (Company No. 1), and the respondents Partnership No. 1, Partnership No. 2, Partnership No. 3, Partnership No. 4, Partnership No. 5, Partnership No. 6, Partnership No. 7, Partnership No. 8, Partnership No. 9, Partnership No. 10, Trust No. 1, Trust No. 2, Trust No. 3, Trust No. 4, Trust No. 5, Trust No. 6, Trust No. 7, Trust No. 8, Trust No. 9 and Trust No. 10.

Kenneth N. Affleck, Q.C., Lisa A. Warren and Michael J. Sobkin, for the respondents J. Paul Darc, Pacific Cascadia Capital Corporation, Sentinel Hill Entertainment Corporation, Sentinel Hill Productions Corporation, Sentinel Hill Productions II Corporation, Sentinel Hill Management Corporation, J. Paul Darc and Leslie Marie Darc, Trustees of the Darc Family Trust, and the said Darc Family Trust, Company No. 1, Company No. 2, Company No. 3, Company No. 4, Company No. 5, Company No. 6, Company No. 7, Company No. 8, Company No. 9 and Company No. 10.

David C. Harris, Q.C., and Andrea N. Mackay, for the respondents Sentinel Hill Productions (1999) Corporation, Sentinel Hill 1999‑1 Master Limited Partnership, Sentinel Hill 1999‑2 Master Limited Partnership, Sentinel Hill 1999‑3 Master Limited Partnership, Sentinel Hill 1999‑4 Master Limited Partnership, Sentinel Hill 1999‑5 Master Limited Partnership, Sentinel Hill 1999‑6 Master Limited Partnership, Sentinel Hill 1998 Master Limited Partnership, Sentinel Hill 1998‑2 Master Limited Partnership, Sentinel Hill Productions No. 5 Limited Partnership, Sentinel Hill Productions No. 7 Limited Partnership, Sentinel Hill 1999 Master Limited Partnership, Sentinel Hill Ventures Corporation, Sentinel Hill Alliance Atlantis Equicap Millenium Limited Partnership, Sentinel Hill Productions III Corporation, Sentinel Hill Alliance Atlantis Equicap Limited Partnership and Sentinel Hill GP Corporation.

Terrence J. O’Sullivan and M. Paul Michell, for the intervener the Canadian Bar Association.