Case information
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41335
Alexandre Pavlov, et al. v. James Edwards, et al.
(British Columbia) (Civil) (By Leave)
Docket
Judgments on applications for leave to appeal are rendered by the Court, but are not necessarily unanimous.
| Date | Proceeding | Filed By (if applicable) |
|---|---|---|
| 2024-11-08 | Close file on Leave | |
| 2024-11-07 | Copy of formal judgment sent to Registrar of the Court of Appeal and all parties | |
| 2024-11-07 | Judgment on leave sent to the parties | |
| 2024-11-07 |
Judgment of the Court on the application for leave to appeal, The application for leave to appeal from the judgment of the Court of Appeal for British Columbia (Vancouver), Number CA48929, 2024 BCCA 155, dated April 25, 2024, is dismissed with costs. Dismissed, with costs |
|
| 2024-10-01 | All materials on application for leave submitted to the Judges, for consideration by the Court | |
| 2024-08-14 | Certificate (on limitations to public access), (Letter Form), Form 23A, (Printed version filed on 2024-08-19) | James Edwards |
| 2024-08-14 | Respondent's response on the application for leave to appeal, (Book Form), Completed on: 2024-08-15, (Printed version filed on 2024-08-19) | James Edwards |
| 2024-06-26 | Notice of name | Alexandre Pavlov |
| 2024-06-26 | Certificate (on limitations to public access), Public acces to info form | Alexandre Pavlov |
| 2024-06-18 | Letter acknowledging receipt of an incomplete application for leave to appeal and without formal Court of Appeal order, FILE OPENED | |
| 2024-06-14 |
Application for leave to appeal, (Book Form), Missing: - Public access to information form (rec'd 06-26-2024) - Notice of name (rec'd 06-26-2024) - Amended notice of application citing correct legal provision (rec'd 06-26-2024) , Completed on: 2024-08-15 |
Alexandre Pavlov |
Parties
Please note that in the case of closed files, the “Status” column reflects the status of the parties at the time of the proceedings. For more information about the proceedings and about the dates when the file was open, please consult the docket of the case in question.
Main parties
| Name | Role | Status |
|---|---|---|
| Pavlov, Alexandre | Applicant | Active |
| Spektrum Glasses Ltd. | Applicant | Active |
v.
| Name | Role | Status |
|---|---|---|
| Edwards, James | Respondent | Active |
| Edwards Family Trust, Siarhei “Sergei” Kadach, Kadach Family Trust | Respondent | Active |
| Kadach, Yuliya | Respondent | Active |
Counsel
Party: Pavlov, Alexandre
This party is not represented by counsel.
Party: Spektrum Glasses Ltd.
This party is not represented by counsel.
Party: Edwards, James
Counsel
2700 -700 West Georgie Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 484-1743
FAX: (604) 484-9700
Email: lkotler@ahbl.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: Edwards Family Trust, Siarhei “Sergei” Kadach, Kadach Family Trust
Counsel
2700 -700 West Georgie Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 484-1743
FAX: (604) 484-9700
Email: lkotler@ahbl.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Party: Kadach, Yuliya
Counsel
2700 -700 West Georgie Street
Vancouver, British Columbia
V7Y 1B8
Telephone: (604) 484-1743
FAX: (604) 484-9700
Email: lkotler@ahbl.ca
Agent
2600 – 160 Elgin Street
Ottawa, Ontario
K1P 1C3
Telephone: (613) 786-0211
FAX: (613) 563-9869
Email: matthew.estabrooks@gowlingwlg.com
Summary
Keywords
Civil Procedure — Motion for summary judgment granted — Whether the lower courts erred in law — Whether the lower courts erred in interpreting the agreements in a commercial transaction
Summary
Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.
The matter arose out of a transaction by which the respondents sold the shares of Spektrum Glasses Ltd to 12114089 Canada Inc (“121”). The applicant, Mr. Pavlov, was the principal and sole director of 121, which was amalgamated into Spektrum Glasses Ltd once the transaction closed. The Share Purchase Agreement (“SPA”), executed on July 20, 2020, provided for a total purchase price of $3,594,519.80 (all contractual amounts are stated in United States dollars). The purchase price included a vendor take-back loan (VTB). With respect to the VTB of $762,397.65, the SPA required 121 to sign a promissory note, and further required Mr. Pavlov, as principal of 121, to sign a personal guarantee for 50% of the VTB. The respondents’ motion for summary judgment was granted and Mr. Pavlov’s cross-application was dismissed. Mr. Pavlov was found liable up to the amount of his guarantee, which secured a part of a vendor take-back loan in a commercial transaction. It was on that guarantee that Mr. Pavlov was found liable to pay the respondents $381,198.83. The judge also found Spektrum liable on its promissory note in the full amount of the VTB. The Court of Appeal dismissed Mr. Pavlov’s appeal.
Lower court rulings
Respondents’ motion for summary judgment granted and Mr. Pavlov’s cross-application dismissed
Mr. Pavlov’s appeal dismissed
Filed documents
The memorandums of argument on an application for leave to appeal will be posted here 30 days after leave to appeal has been granted unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of the memorandum by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a memorandum of argument or want to use a memorandum of argument, please contact the author of the memorandum of argument directly. Their name appears at the end of the memorandum of argument. The contact information for counsel is found in the “Counsel” tab of this page.
Downloadable PDFs
Not available
Related links
The factums of the appellant, the respondent and the intervener will be posted here at least 2 weeks before the hearing unless they contain personal information, information that is subject to a publication ban, or any other information that is not part of the public record. You may also obtain copies of factums by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a factum or want permission to use a factum, please contact the author of the factum directly. Their contact information appears on the first page of each factum.
Downloadable PDFs
Not available
Related links
The condensed books of the appellant, the respondent and the intervener will be posted here upon receipt of the electronic version, 2 days prior to the scheduled appeal hearing. You may also obtain copies of condensed books by filling out the Request for Court records form or by contacting the Court’s Records Centre either by email at records-dossiers@scc-csc.ca or by telephone at 613‑996‑7933 or at 1‑888‑551‑1185.
If you have questions about a condensed book or want permission to use a condensed book, please contact the author of the condensed book directly. Their contact information appears on the first page of each condensed book.
Downloadable PDFs
Not available