A partner with Lindsay Kenney LLP (“LK”), Brad Martyniuk is firm’s financial services practice group leader.
Mr. Martyniuk advises clients on business receivership, restructuring and loan realization issues and links lenders and debtors to the appropriate counsel in LK for financing and secured lending matters.
Mr. Martyniuk conducts insolvency / bankruptcy litigation as well as business/estate, fraud and securities litigation in the courts and by arbitration.
As a former Crown Counsel prosecutor in the areas of securities fraud and general commercial crime, he has notable expertise in civil jury trials.
Mr. Martyniuk obtained his Bachelor of Commerce degree in 1987 from the University of Alberta, and earned his Bachelor of Laws from the University of Victoria in 1991. He was admitted to the British Columbia Bar in 1992, and continued his education with the completion of the Canadian Securities Course in 1995.
Mr. Martyniuk is a member of the Civil Litigation, Securities, and Insolvency subsections of the Canadian Bar Association (CBA). A former chair of the Business of Law Committee for the CBA (BC Branch), he has also served as an elected member of its Provincial Council.
Notable Experience
- Obtained order for appointment of a receiver and order nisi on a mortgaged property that was contested by borrowers alleging frustration of the mortgage contract due to COVID-19 outbreak and emergency government measures: New City / Safety Mortgage Fund Inc. v. Pacific Point Holdings Ltd., BC Supreme Court, 2020
- Obtain injunction order to preserve debtor’s assets for possible recovery: Johal and others v. Nordio, BC Supreme Court, 2016
- Set aside injunction order made against client: Friesen and others v. Duminuco and others, BC Supreme Court, 2015
- Bad faith claim dismissed against Insurer: Blanchard v. ICBC, 2010 BCSC 1153
- Jury trial for personal injury claim, acting for the defendant: Gehlen v. Rana, 2009, BC Supreme Court, unreported – Court awarded damages less than amount offered
- Acted for debtors facing claims from Canada Revenue Agency
- Stay of proceedings ordered pursuant to terms of contract, upheld on appeal: Sea Dragon Energy Ltd. v. Transpacific Petroleum, BC Supreme Court, 2008
- Foreclosure / Breach of Contract: British Columbia (The Attorney General) v. Malik, 2008 BCSC 1033
- Jury Trial for compensatory and punitive damages, ICBC v. Jamer and Hassan, BC Supreme Court, 2008 unreported – awards of $113,359 and $81,370, respectively
- Tracing of assets / Recovery of compensatory damages, punitive damages and costs for fraud and bribery: ICBC v. Dragon Driving School, 2007 BCSC 389
- Jury Trial for compensatory and punitive damages, ICBC v. Finley and Finley, BC Supreme Court, 2003 unreported – awards in excess of $2.5 million dollars against each defendant
- Jury Trial for compensatory and punitive damages, ICBC v. Sun and others, BC Supreme Court, 2003 unreported – awards in excess of $640,000 against numerous defendants
Publications
- Presenter on Pre-trial and Post-trial Asset Tracing Remedies, Joint Conference of Association of Certified Fraud Examiners and Institute of Independent Auditors, 2009
- Presenter on Insurance Fraud and Punitive Damages, Canadian Association of Mutual Insurance Companies (CAMIC) 26th Annual Convention, 2006
Bar Admissions
British Columbia, 1992
Education
Bachelor of Laws, University of Victoria, 1991
Bachelor of Commerce, University of Alberta, 1987
Memberships and Affiliations
Elected Member of Provincial Council, BC Branch, Canadian Bar Association, 2004 to present
Chair, Business of Law Committee, BC Branch, Canadian Bar Association, 2009 to present
Co-Chair of the Law Practice Management Subsection, BC Branch, Canadian Bar Association, 2010
Co-Chair, annual Winter Conference, BC Branch, Canadian Bar Association, 2008, 2007
Member, Canadian Bar Association, including Civil Litigation, Securities and Criminal subsections
Member, Association of Certified Fraud Examiners, Vancouver Chapter
* Law Corporation