Insurance Defense –

• Defense counsel in the leading Canadian case on tort law causation, Clements (Litigation Guardian of) v. Clements, 2012 SCC 32 (also counsel in Court of Appeal, 2010 BCCA 581)

• Lead defense counsel in financially significant environmental contamination / diminution of property value class action, Kirk v. Executive Flight Centre Fuel Services et al., 2017 BCSC 726 (also counsel in successful Court of Appeal decision on certification, 2019 BCA 111)

• Successful defense counsel in disability insurance / punitive damages claim, obtaining complete dismissal of action and costs, Bozek v. Fenchurch General Insurance Company, 2016 BCSC 2370

• Successful liability defense of fatal commercial trucking accident, Biermann v. Great West Truck Lease Rentals Ltd., 2019 BCSC 519

• Consistent and significant success in insurance defense litigation before the trial courts on behalf of ICBC, including:

  • Ma v. Haniak et al., 2017 BCSC 549

    • Successful defense of two Plaintiffs’ allegations including total body chronic pain and lifelong total disability

  • Ma v. Haniak et al., 2018 BCSC 1000

    • Costs decision: Plaintiff denied costs, Defendants awarded post-offer costs and special costs for costs hearing

  • Rosso v. Balubal, 2014 BCSC 1786

    • Successful defense of allegations including total body chronic pain and lifelong total disability

  • Liu v. Bourget, 2014 BCSC 291

    • Successful defense of first Plaintiff’s allegations including chronic pain, total disability and marriage breakdown and second Plaintiff’s allegations of chronic pain, depression/anxiety leading to suicide attempt, and total disability

• Successful appellate counsel upholding jury award and on cross appeal re costs award, Paskall v. Scheithauer, 2014 BCCA 26

• Successful defense of product liability claims on behalf of insured and self-insured companies

• Dozens and dozens of mediations for personal injury claims including: catastrophic injuries, traumatic brain injury/MTBI/post-concussion syndrome, TMJ, thoracic outlet syndrome, major depression, total disability. Skilled in defending cases on causation and on the basis of complex expert evidence

• Defended health care practitioners in investigations and disciplinary actions before the Emergency Medical Assistant Licensing Board

• Supreme Court of Canada leave applications, Clements v. Clements, and Sigouin et al. v. Maddex, SCC No. 36042

• Acted as defense counsel in Environmental Management Act / contaminated site claims

• Director, Association of Canadian Mountain Guides
• Mountain Search and Rescue / Ground Search Team Leader – North Shore Rescue, North Vancouver, British Columbia (2011-present )
• Validated K9 SAR handler, BC Search Dog Association (2021-present)
• Executive member, CBA (BC) Health Law subsection (co-chair 2008-2009, various executive positions 2006-2017, 2019-present)
• Executive member, CBA (National) Health Law subsection (2008-2011)
• Member, CBA (BC) Provincial Council (2008-2009)
• Member, Canadian Bar Association (2006-present)
• Health Law/Ethics Tutor, UBC Faculty of Medicine (2006-2014)

• Numerous presentations to outdoor groups and trade associations
• Presenter, “Medico-Legal Issues in Mountain Medicine,” 2014 summer module of Canadian Society of Mountain Medicine Diploma in Mountain Medicine (September 2014)
• Author, “The Supreme Court of Canada Narrows the ‘Material Contribution’ Causation Test,” The Advocate, Vol. 71, Part 2 (2013)
• Presenter, “Clements v. Clements: ‘But For’ vs. ‘Material Contribution’—The Latest Word in Tort Law Causation,” CBA National Insurance Law section (2013)
• Presenter, “Causation Revisited: Before and After Clements,” CBA-Alberta Civil Litigation & Health Law—North Subsections, (January 2013)
• Presenter, “Causation: Clements Redux Featuring Counsel Who Argued the Case,” CBA-BC Civil Litigation & Health Law Subsections, (January 2013)
• Presenter, “Labour Mobility Agreements and Credentialing of Professionals: Obligations and Challenges from the Agreement on Internal Trade and Related Provincial Agreements,” CBA-BC Administrative Law Subsection (April 2011)
• Presenter, “Issues Around the Agreement on Internal Trade and Regulatory Issues: Labour Mobility Amendments and Responses by Health Professions,” National Network of Medical Affairs Professionals (September 2010)
• Presenter, “Rate Dispute Arbitration Awards Under Revised Rate Test,” Truck Loggers Association Training Session (2010)
• Presenter, “Bill C-45 and Criminal Liability for Workplace Accidents,” Canadian Business Aviation Association Flight Department Management Roles and Responsibilities Workshop (2007)