Dennis K. Fitzpatrick Phone: 604-685-0121 local 313 Cell: 604-644-9636 Fax: 604-685-2104

Education:

• B.A. (1977 University of British Columbia)
• LL.B. (1980 University of British Columbia)
• Called to the Bar: British Columbia, 1981
• CLE Advanced Commercial Mediation 1991
• Arbitrator, British Columbia Arbitration & Mediation Institute November 2008

Practice Areas:

• Commercial Asset Sales and Purchases
• Bankruptcy Remedies
• Insolvency and Security Enforcement
• Collections and Civil Litigation
• Debt Restructuring and Workouts
• Bank Security
• Lease Preparation and Enforcement

Dennis practices commercial law with a concentration in insolvency related litigation. His practice involves re-organizations and transactions with or without Court supervision, involving commercial asset purchases and sales, asset management, seizure and sale. The firm has acted for and against debtors and secured creditors in connection with solvent and insolvent corporations. Dennis has advised receivers, trustees, liquidators, and bailiffs in all aspects of insolvency related proceedings. He has acted extensively for subcontractors and materialmen in builders lien disputes and related litigation.

Dennis qualified as an Arbitrator under the rules of the B.C. Arbitration & Mediation Institute in November of 2008. He previously acted for the soft drink industry in extensive cost-based arbitration proceedings. He has acted in settling and enforcing leases and franchise agreements and all aspects of rent negotiation, sublease, collection and distraint.

Publications:

• Bankruptcy and Family Law, CLE Family Law Conference 1995
• Contributing Author to B.C. Creditors Remedies and Annotated Guide
• Liability for Exercising Management or Control of Borrowers by Lenders and Their Agents, National Creditor/Debtor Review, January 1991, Vol 6. No .1
• Commercial Lease Enforcement and Collection, Lorman Education Services, October 2006
• Insolvency Practice, Update 1998
• Collections for the Building Trades, March 2, 1997
• Collections and Recovery: A One Day Seminar, Vancouver Credit Bureau, November 15, 1995
• Creditors Remedies in B.C., CLE, November 20, 2001

Appointments and Community Activities:

• Former Chariman and Program Director of the Insolvency Subsection, Canadian Bar Association, BC Branch
• Occasional Lecturer on debtor and creditor remedies for the Continiuing Legal Education Society of BC and creditor's groups
• Founding Board Member of Mulgrave School
• Board Member, Vancouver Community College Educational Foundation
• Member of the Communication Committee, Canadian Bar Association, BC Branch

Recent Cases:

• Reasons for Judgment - Dick et al v Northstar et al
• Reasons for Judgment - Chatfield
• The Consumers' Association of Canada et al v. Coca-Cola Bottling Company et al, 2006 B.C.S.C. 863
• The Consumers' Association of Canada v. Coca-Cola Bottling Company et al, 2007 B.C.C.A. 356
• PD Management Ltd. v. Chemposite Inc., 2006 B.C.C.A. 489
• British Columbia v. PT Car & Yacht Rental Inc., 2003 B.C.S.C. 1073, 18 B.C.L.R. (4th)
• Williams Form Engineering Corp. v. Stillwood Construction Products Ltd., 1998 WL 19980505 (B.C.S.C.), 1998 CarswellBC 3234
• Canadian Imperial Bank of Commerce v. "Barkley Sound" (The) Canadian Imperial Bank of Commerce et al, 1999 WL 33183552 (B.C.S.C.[In Chambers]), 1999 CarswellBC 435
• Chan v. Farrell Estates Ltd., 2001 B.C.C.A. 92, 150 B.C.A.C. 299
• Cable, Re In the Matter of the Bankruptcy of Eric James Cable British Columbia Supreme Court [In Chambers], 2007 B.C.S.C. 136, [2007] B.C.W.L.D. 5692
• Melchior v. Cable Estate, 2007 B.C.S.C. 136, [2007] B.C.W.L.D. 1835
• Bank of Montreal v. Plaza Mining Corporation et al., 48 C.B.R. (N.S.) 225, 49 B.C.L.R. 199
• Modatech Systems Inc., Re In The Matter of the Bankruptcy of Modatech Systems Inc., 44 C.B.R. (3d) 305, 28 B.C.L.R. (3d) 127
• Totem Mercury Sales Ltd. v. California Auto Sales Inc., 2000 CarswellBC 518, 2000 B.C.S.C. 370
• Envision Credit Union v. Zumpano, 2002 B.C.S.C. 1210
• D.A.W. Investments Ltd. v. Dion, 2005 CarswellBC 515, 2005 B.C.S.C. 319
• In the Matter of the Companies Creditor's Arrangement Act and In the Matter of Tuan Developments Inc., 2007 B.C.S.C October 19, 2007
• In the Matter of the Companies Creditor's Arrangement Act and In the Matter of Tuan Developments Inc., 2007 B.C.S.C. 3016 November 20, 2007