Areas of Expertise
Rush Ihas Hardwick Law Group is a full service litigation firm based in Kelowna BC. We service a wide range of clients across the province in the following areas of practice.
Our lawyers have worked extensively in corporate and commercial law, representing business owners, professionals, individual entrepreneurs and corporations of all sizes. We vigorously represent our clients’ interests from the initiation of legal proceedings through to trial and the appellate level.
We advise and represent clients on a wide variety of business-related disputes. Examples of matters in which we routinely assist clients include:
- Disputes amongst shareholders/partners/joint venturers
- Responsibilities of corporate directors and other fiduciaries
- Contractual disputes, including non-competition/solicitation agreements
- Tax disputes with the Canada Revenue Agency
- Foreclosure, builders’ liens and other remedies for secured and unsecured creditors
- License agreements, confidential information and other matters involving intellectual property
- Claims involving professional negligence against real estate agents, advisors, lawyers and other professionals
Our counsel also offer experienced advocacy and representation in alternatives to litigation, including arbitration and mediation.
Construction & Engineering Litigation
Our counsel have advocated extensively for real estate developers, builders, contractors, engineers, consultants, professionals, home and business owners and lenders involved in construction related disputes. We have a thorough understanding of the risks, complexities and competing interests involved in construction and development projects.
Our practice routinely involves resolving contractual disputes, collections of contract accounts and all aspects of builders’ liens. We assist clients with delay and impact claims, issues with inspections, defective work and design, as well as insurance disputes and force majeure events.
We work closely with our clients, and our advice is grounded in strong business sense. We pursue alternatives to litigation when appropriate and offer expertise in dispute resolution through negotiation, arbitration and mediation.
Family / Matrimonial Litigation
While the firm has a particular focus on complex financial issues arising in family law disputes, we advise and represent clients in all matters that arise from both marriages and common-law relationships. Including
- parenting time
- division of family property and debt
- child and spousal support
In addition, our firm assists clients in the preparation of family law agreements such as cohabitation agreements, marriage agreements and separation agreements.
In each family law case, we strive to adopt an approach that is suited to the particular circumstances of the case and individual client’s needs. In some instances, that approach may require the firm’s lawyers to draw upon their experience in the courtroom or in family law arbitration. In other instances, that approach may require the firm’s lawyers to pursue negotiation or mediation as alternatives to litigation and the adversarial process.
Bankruptcy and Insolvency
We provide expertise on matters relating to personal and commercial bankruptcy, insolvency and CCAA proceedings. Our lawyers routinely advise and represent secured and unsecured creditors, debtors and other stakeholders; our clients include mortgage investment companies, private lenders, developers and trustees in bankruptcy.
Our lawyers draw from extensive practice in commercial, property and family law to manage the collateral issues that can accompany bankruptcy and insolvency. Our clients can expect quick and efficient action to be taken on their behalf in situations that are often time-sensitive and complex. We advise and represent our clients in all matters concerning:
- Bankruptcy proposals and negotiations between creditors and debtors
- Priority disputes
- Debt collection and enforcement
- Financing of property in distress
- Debtor in possession loans
- Reorganizations and restructuring transactions
- Receiverships and trusts
Our IP practitioners include licensed patent and trademark agents who can confidently navigate the processes required to enforce and defend clients’ rights. We provide cost-effective strategies for the protection of our clients’ IP assets from the initial stages of development to long-term enforcement, whether those clients are individual entrepreneurs or established businesses. Among law firms located in British Columbia’s interior, our firm is unique in being the only litigation practice that has a qualified patent and trademark agent
We can assist clients with matters involving:
- Disputes relating to infringements of copyright, trademarks, patents, and industrial designs
- Protection of proprietary or confidential information
- Unfair competition and passing off
- Contested ownership claims
- Disputed license or franchise agreements
- Cybersquatting and protection of domain names
Our counsel have substantial experience in tax matters and have a strong understanding of the subtleties of tax procedures, regulations and dispute resolution processes. We represent individual and corporate clients in a wide range of disputed assessments.
Our services include:
- Responding to inquiries from tax authorities
- Preparation of voluntary disclosures
- Defence against allegations of tax evasion and other regulatory offenses
- Preparation of Notices of Objection and Notices of Appeal.
We assist clients with the audit process and the administrative appeals processes, and represent our clients at all levels of court. We also have considerable experience in reaching negotiated settlements with the tax authorities to achieve quick and efficient resolutions in our clients’ interests.
Employment and Labour Litigation
Our counsel provides expert advice, representation and dispute resolution to clients in matters concerning employment relations in the public and private sectors. Our clients include contractors, long-term employees, executives and businesses of all sizes. We have considerable experience representing clients before administrative panels, arbitrators and the courts, and offer expertise in matters relating to:
- Human rights issues
- Pensions, severance agreements and contractual disputes
- Wrongful and constructive dismissal
- Executive compensation
- Confidentiality and non-competition/solicitation agreements
We provide expertise in contentious matters related to wills, trusts and estate administration. Our counsel advise and act for executors, administrators, trustees, heirs and beneficiaries. We are experienced in handling issues relating to:
- Interpretation of wills
- Will validity, including concerns regarding undue influence and capacity
- Breach of trust actions
We advise clients on appropriate steps when family members become vulnerable, and assist with issues arising from powers of attorney, guardianship and court appointment of representatives.
Our counsel are mindful of alternate means of resolving contentious matters, and have extensive experience in mediation and arbitration in addition to their backgrounds as litigators.
Human Rights Disputes
We offer practical advice and effective representation in matters relating to human rights and discrimination. We provide counsel to employers and businesses responding to human rights complaints regarding absenteeism, discipline/discharge, addictions and discriminatory treatment. We also assist employees and other persons who have received unfair treatment with asserting their rights. Our lawyers have substantial experience in:
- Interpretation of policy and professional regulations
- Representing clients before arbitrators, mediators and provincial and federal tribunals
- Finding solutions through alternative dispute resolution techniques
Real Estate Litigation
Our practitioners offer clients advice and representation in matters arising from transactions of commercial, residential and recreational properties. Our client base includes builders, suppliers, design professionals, developers, major lenders and owners. We routinely handle:
- Issues regarding charges on title
- Priority of claims
- Contractual and lease disputes
- Disputes involving strata corporations
- Disputes over boundaries, easements and rights of way
- Expropriation proceedings
- Misrepresentation and failures to disclose material facts
- Property insurance claims
- Disputes with local and provincial authorities
Our counsel prioritize pragmatic and efficient solutions to our clients’ problems and we are well-prepared to use alternative dispute resolution techniques when appropriate.
Our practice in commercial, real estate and bankruptcy and insolvency law includes substantial experience advising and representing clients in foreclosure proceedings. Our clients include private lenders, mortgage investment companies, receivers, businesses and individuals. We have a thorough understanding of the rights, obligations, procedure and strategies involved in foreclosure. We can assist with all issues related to:
- Negotiations between creditors and debtors regarding alternate options
- Resolution of priority disputes
- Assisting secured and unsecured creditors assert their rights
- The conduct of receivers and trustees
Alternative Dispute Resolution
Our counsel have extensive experience helping clients manage the costs, timelines and confidentiality of dispute resolution through the use of alternatives to traditional litigation. We assist our clients in finding effective and efficient resolution to complex disputes involving family conflicts, human rights, estates and trusts, ownership of business interests and many commercial matters outside of the court system.
We provide confidential advice and representation in the full range of resolution methodologies, including negotiation, arbitration and mediation. Our experienced practitioners are also available to act as neutrals and mediators themselves.