Scott M. MacKenzie*

Scott is a Shareholder and member of Boughton’s Commercial Litigation and Construction Litigation Groups.  Scott articled at Boughton in 2003 and was called to the bar in 2004.  He has been a member of Boughton’s Student Committee or Associate Development Committee for most of his time at the firm.

Scott’s practice is primarily focused on litigation of construction, lease, real estate and contractual disputes. His clients include owners, developers, landlords, tenants, contractors and trades.  Scott has acted as litigation counsel to British Columbia Housing Management Commission since his call to the bar.

Scott brings a pragmatic approach to dispute resolution.  He provides his clients with an assessment and recommendations at the outset of each matter with a view to achieving timely and cost-effective results.  Scott regularly resolves his client’s disputes through negotiation and without the need for lengthy court proceedings, mediation or arbitration.

Scott has been selected by his peers for inclusion in Best Lawyers in Canada for his work in Corporate and Commercial Litigation.

Community Involvement

Scott has been a member of the board of the Children’s Hearing and Speech Centre of British Columbia for nine years.  During his time on the board he served as vice-president and president.  He now serves as past president, supporting the current board executive that he helped recruit.

Scott is a team captain for the Ride to Conquer Cancer (now Tour de Cure) and has been designated as an Ambassador for the event.

Scott is also captain of the Children’s Hearing and Speech Centre team that participates annually in the Rotary Ride for Hearing, a 120 km bike ride from Burnaby to Harrison Hot Springs organized by the Rotary Club of Vancouver.

Speaking Engagements

Scott regularly organizes and provides seminars to Boughton’s lawyers on matters relating to litigation, practice management, professional ethics and Lawyer’s Insurance Fund claims.

Representative Cases

He v. Zhong,  2020 BCSC 1867

Successfully opposed application for leave to commence a derivative action

Mau v. G.A. Consulting Services Inc.,  2020 BCSC 1709; Mau v. G.A. Consulting Services Inc.,  2020 BCSC 125

Use of hybrid trial to successfully advance claim for breach of a share purchase agreement

Broadway – Heb Property Inc. v. Renegade Productions Inc.,  2019 BCSC 1693

Successfully obtained Writ of Possession requiring tenant to quit occupancy of premises

Nu Stream Realty Inc. v. 1116191 B.C. Ltd.,  2018 BCSC 911

Successfully discharged Certificates of Pending Litigation with plaintiffs prohibited from registering future Certificates of Pending Litigation without leave of the court

Eng v. Fortune Venture Enterprises Ltd.,  2016 BCCA 492

Successfully opposed appeal of trial judge’s $5,187.68 award to plaintiff in circumstances where plaintiff’s claims totaled $100,187.68

Politeknik Metal San ve Tic A.Ş. v. AAE Holdings Ltd.,  2015 BCCA 318

Successfully opposed appeal of trial judge’s decision to set aside garnishing order on basis that the plaintiff failed to make full and frank disclosure on its application for a garnishing order

Clarification that court does not have jurisdiction to vary the amount of a garnishing order when there has been non-compliance with the Court Order Enforcement Act