Yarden
Gershony

Yarden is a partner with Rush Ihas Hardwick LLP and a leading litigation and arbitration lawyer in the BC Interior.  His dispute resolution experience is uniquely deep, having practiced in both large international law firms and specialized boutiques, in cases ranging in size from tens of thousands to billions of dollars.  Yarden brings his full scope of expertise to bear for his clients in every single case.

Yarden maintains a practice focused on corporate and commercial litigation and arbitration.  He has notable expertise in shareholder and partnership disputes, where he regularly advises clients on matters ranging from boardroom contests for corporate power, to shotgun buy-sell fights, to oppression and winding-up petitions, to appellate advocacy.  

In the area of arbitration, Yarden has wide experience in commercial cases, both as counsel and arbitrator, domestically and internationally.  Yarden is a keen believer in arbitration and other forms of ADR as an alternative to traditional court proceedings.  Yarden is an paneled arbitrator (expedited procedures) with the Vancouver International Arbitration Centre (VanIAC), a leading Canadian arbitration institution.  He regularly contributes to continuing legal education and skills development within the BC arbitration community.  

Yarden’s other areas of expertise include M&A/transactional litigation, construction disputes, collapsing real estate deals, breaches of trust and fiduciary duty, financial fraud and misappropriation, and administrative litigation.  Additionally, Yarden has represented numerous clients in the cannabis industry and maintains significant knowledge and expertise in this highly regulated area.

Yarden has acted as counsel before a large variety of courts and tribunals, including the B.C. Supreme Court and Court of Appeal; the Alberta Court of King’s Bench; the State and Federal Courts in New York; the U.S. Circuit Court of Appeals and the U.S. Supreme Court (on briefs); various administrative agencies; and numerous arbitration tribunals, both ad hoc and administered, in the U.S., Canada and Europe. 

Yarden’s approach to client service sets him apart.  He is a problem solver first and foremost.  He quickly understands the core facts and issues behind complex cases.  Yarden excels at crisis management, explaining strategies and risks to his clients as matters evolve in real time.  Yarden’s clients often express that he offers a clear head and a steady hand, providing a sense of strategic clarity and confidence to his clients in their most difficult situations.

Yarden is devoted to community service.  Currently, he serves as Past President of the Downtown Kelowna Association and as a Director of the Kelowna General Hospital Foundation.  Yarden is also a Director of VanIAC, the arbitral institution.  Yarden is a regular contributor to professional development efforts across British Columbia, having served as author, presenter, lecturer and panelist for the Canadian Bar Association, the Continuing Legal Education Society of BC, Thomson Rivers Law School, VanIAC, and The Advocate, among other organizations.

Speaking Engagements

• Canadian Bar Association (BC Branch), “Tips and Traps: Owner-Built Homes”, 2016 
• Young Canadian Arbitration Practitioners (YCAP), Spring Symposium, “Arbitration by Design”, 2017
• Continuing Legal Education Society of BC, “Case Law Update”, Residential Real Estate Conference, 2021
• Thompson Rivers University, guest lecturer, civil procedure, “Alternative Dispute Resolution”, 2021
• Canadian Bar Association (BC Branch), “Building Your Professional Reputation”, 2022
• Vancouver International Arbitration Centre, “Virtual Hearings and Expedited Procedures”, 2022
• University of British Columbia, Roger Watts Debate, VanIAC Sponsor Presentation, 2022
• Continuing Legal Education Society of BC, “Case Law Update”, Residential Real Estate Conference, 2022
• Continuing Legal Education Society of BC, “Evidentiary Issues in Arbitration”, Commercial Arbitration Conference, 2023

Notable Cases 

• Numerous shareholder, partnership and joint venture disputes involving assets valued up to hundreds of millions of dollars.

• M&A/transactional international arbitration involving billions of dollars in damages and assets located across several continents.

• Numerous domestic arbitrations as counsel involving issues ranging from construction disputes, transactional litigation, shareholder agreements, and real estate development disputes.

• Appointed as arbitrator in a variety of domestic arbitration proceedings, with issues ranging from shareholder disputes, franchising disputes, partnership cases, defamation, commercial leasing and regulatory/licensing matters.

• Construction litigation involving luxury homes, condominium towers, industrial facilities, retail complexes and supportive housing, often involving many parties and numerous testifying experts.

• Advising clients in many cases involving collapsing real estate transactions, often valued in the millions of dollars.

• Representing clients in cases involving fraud, breach of trust, financial misappropriation and Ponzi schemes, acting for both plaintiffs/creditors and defendants/debtors, both in and out of insolvency.

• Administrative and judicial review proceedings including university misconduct investigations, challenges to ministerial orders-in-council, and challenges to decisions of government agencies including the Agricultural Land Commission and the Royal College of Physicians and Surgeons.

Professional Affiliations 

• Vancouver International Arbitration Centre, Accepted Arbitrator, Expedited Procedures
• Vancouver International Arbitration Centre, Director
• Canadian Bar Association, BC Branch, Member
• Kelowna Bar Association, Member
• The Advocates’ Society, Member
• Young Canadian Arbitration Practitioners, Member

Community Activity 

• Downtown Kelowna Association, President (2018-2022), Past President (current) and Director (2014 to Present)
• Kelowna General Hospital Foundation, Director (current)
• Vancouver International Arbitration Centre, Director (current)