Jeffrey P. Scouten

Jeffrey P. Scouten

Partner, Scouten & Rogers

Founder, GLC

Jeff Scouten has represented individual and corporate clients in a wide range of complex and difficult matters over a career spanning four decades. First and foremost a trial lawyer, Jeff pays scrupulous attention to detail in preparing and presenting his clients’ cases. As counsel, he has an instinct for pinpointing and capitalizing on the particular strengths of his clients’ cases and the weaknesses of his opponents’. At home in the courtroom and with a keen legal mind, he is a formidable advocate.

Jeff has acted as counsel in cases before all levels of Court in British Columbia, before the Federal Court of Canada, in professional discipline matters before the BCFSA (formerly the Real Estate Council of BC), the Law Society of British Columbia and other disciplinary bodies, on appeals to the Financial Services Tribunal, and in commercial arbitration matters and mediations. By choice a “generalist”, Jeff’s practice focuses mainly on the areas of commercial litigation, shareholder and partnership disputes, real estate litigation, administrative law and representing professionals in regulatory and discipline matters.

Jeff often works collaboratively with other lawyers, either as outside counsel or as co-counsel, on matters where his skill and experience in the courtroom can provide a winning edge. He has a keen interest in mentoring younger lawyers and has been a group leader for over 20 years at the BC Continuing Legal Education Society’s annual multi-day “Winning Skills” Trial Advocacy Workshop. He has also served for many years on the Editorial Board for CLEBC’s Civil Trial Handbook, a publication he was instrumental in creating.

Jeff brings a respectful and empathetic approach to his role which clients in stressful situations often describe as “calming”. He strives always to be open-minded in understanding his clients’ unique viewpoint, priorities and objectives. These qualities, combined with his strengths as an advocate, suit Jeff well for the unique challenges of representing clients from diverse ethnic, cultural and linguistic backgrounds.

Outside of the courtroom and the demands of his busy legal practice, Jeff plays 5-string banjo in a local bluegrass band and is an avid collector and reader of rare and antiquarian books.

  • Called to the Bar of BC, 1984
  • Bachelor of Laws, University of Toronto, 1983
  • B.A. (Philosophy & Mathematics), University of Manitoba, 1979
  • 2008 – 2012  Director, later Chair, of the BC Public Interest Advocacy Centre
  • 2002 – 2008  Governor of the Law Foundation of BC
  • 1997 – 1998  BC correspondent in the long-running Cher Collegue series of open letters exchanged with a counterpart in Quebec published in The Advocate
  • 1997   Recipient of the Canadian Bar Association (National) Centennial Medal
  • 1996   Recipient of the Canadian Bar Association (BC Branch) President’s Medal
  • Acted for a businesswoman at the trial of an action brought against her arising from her involvement in a foreign currency exchange business, resulting in a dismissal of the action: Pan v Dong, 2024 BCSC 869
  • Acted for a lender in a proceeding brought to obtain Court approval for a proposed DIP (debtor-in-possession) loan
  • Represented a real estate agent in an appeal to the Financial Services Tribunal from a penalty decision made by the Real Estate Council of BC, resulting in a reduction in the penalty imposed.
  • Represented a real estate brokerage in an appeal to the Federal Court of Canada from a regulatory penalty assessed by the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC)
  • Successfully represented a real estate brokerage at trial and on appeal in an action to collect a $1.2 million commission and in defending a cross-action alleging breach of fiduciary duty: Wang v. Zhao, 2019 BCSC 1624 and 2021 BCCA 97
  • Acted for buyers on numerous matters involving disputes with developers over “pre-sale” contracts regulated by the Real Estate Development Marketing Act (REDMA)
  • Represented a real estate agent in an appeal to the Financial Services Tribunal from a finding of professional misconduct made by the Real Estate Council of BC, resulting in the decision being set aside and the matter remitted for a new hearing.
  • Represented the father of an infant child abducted by the mother in various proceedings eventually resulting in the recovery of the child.
  • Acted for an elderly man with diminished capacity in contentious proceedings brought under the Patients Property Act.
  • Represented the buyer in a collapsed business purchase transaction resulting in partial success following a 22-day trial.
  • Successfully represented a party in a claim brought by a trustee-in-bankruptcy seeking damages against it for alleged knowing participation in a breach of fiduciary duty committed by the bankrupt: PricewaterhouseCoopers Inc. v. Flash & The Boys, LLC, 2014 BCSC 1093
  • Acted as counsel for the owner of a manufacturing business in an action brought against it alleging breach of a contract, resulting in dismissal of the action following a trial: Bos v. Springman, 2012 BCSC 637
  • Successfully opposed an application brought by a client’s ex-spouse seeking to set aside a settlement reached in a matrimonial matter: Dowad v. Dowad, 2009 BCSC 600
  • Acted for an Iranian national in an action claiming beneficial ownership of a property, resulting in a declaration of ownership under an express trust following a trial: Azali v. Zargar-Kashi, 2008 BCSC 747
  • Acted for a food broker business in a wrongful dismissal action, resulting in a dismissal of the action following a trial: Kennedy v. Canam Marketing Ltd., 2006 BCSC 1507
  • Represented a property owner in defending an appeal brought by Government of BC involving the applicability of property transfer taxes related to a subdivision, resulting in a dismissal of the appeal: Hood Point Properties Ltd. v. BC, 2002 BCCA 266
  • Acted for a creditor in an application brought to lift the statutory stay of proceedings resulting from the debtor’s assignment into bankruptcy: (Re) Maple Homes Canada Ltd., 2000 BCSC 1443
  • Acted for a dentist an application for judicial review successfully challenging a decision made by the College of Dental Surgeons of BC.
  • Acted in an appeal successfully brought from a BC judgment enforcing a Texas default judgment awarding damages for defamation for postings made on the internet: Braintech Inc. v. Kostiuik, 1999 BCCA 169
  • Acted for the BCTF in an action brought against the co-owner of its business premises, resulting in a judgment invalidating a transfer made by the co-owner of its interest: BC Teachers Federation v. Canadian Property Holdings Inc. (1998), 42 B.L.R. (2d) 301
  • Acted for a lawyer named as a defendant in an action alleging negligence and actionable non-disclosure arising from a failed flow-through share investment transaction, resulting in dismissal of the action following an 78-day trial; Knights Mineral and Exploration Limited Partnership . v. Corcoran Ltd. et al., [1995] B.C.J. No. 278