About Eric
Eric has specialized in insurance law for 42 years, is named as one of Canada’s top commercial insurance lawyers by Lexpert Magazine, and recognized as a leading lawyer for Insurance and Reinsurance by Who’s Who Legal: Canada. Eric is a founding partner in the firm which is consistently ranked as one of Canada’s Top 10 Insurance Boutique law firms by Canadian Lawyer magazine.Eric’s trial experience is varied and embraces the full spectrum of cases that liability insurers defend with recent notable examples including:The defence of various class actions stemming from the largest food safety recall in Canadian history: Harrison v. XL Foods Inc., 2014 ABQB 720The defence of a class certification for debt consolidation firms alleged to have breached provincial consumer protection legislation and the Bankruptcy and Insolvency Act: Pearce v. 4 Pillars Consulting Group Inc., 2019 BCSC 1851The defence of a law firm confronting allegations of breach of fiduciary duty by reason of a conflict of interest: Hutchison v. Moore, 2021 BCCA 301The novel issue of whether a gambling casino owes a duty of care to self-excluded patrons: Ross v. B.C. Lottery Corp., 2014 BCSC 320A 104 day trial resulting from catastrophic brain injury entailing extensive medical-legal expert evidence and standard of care issues: MacEachern v. Rennie and Canadian National Transport, 2010 BCSC 625A case that examined the legal relationship between an insurer and a broker that undertakes underwriting functions: Scottish & York Ins. Co. v. Metrix Professional Brokers Inc., 2008 64 C.C.L.I (4th) 242Complex issues of proximity and causation in the sports liability context: Dyke v. B.C.Amateur Softball Association, 2008 76 B.C.L.R. (4th) 278Concepts of reasonable foreseeability and remoteness of a municipal body: Abdi v.Burnaby (City of), 2020 BCCA 125Eric has been peer-reviewed and recognized by Lexpert as one of Canada’s Leading Practitioners in the area of commercial insurance litigatioEric’s dominant practice areas include:Professional liability defence, coverage and monitoring:The defence of a wide range of professionals including architects/engineers/medical service providers/land surveyors and accountantsCreating and modifying E & O policy wordings for underwritersActing as monitoring and coverage counsel on Canadian E & O programsCyber defence and coverage: Working as “cyber coach” for insurer cyber programsCyber class action defenceCoverage advice on first party data recovery and third party PIPEDA/Privacy Act/CASLclaimsCyber breach notification proceduresNegotiating with Federal and Provincial Privacy Commissioners on breach noticeMulti-provincial litigation involving cyber breaches entailing personal information in differing provinces.Revising cyber policy wordings for use in CanadaAddressing regulatory compliance with PIPEDA and CASLComplex coverage disputes and policy wordings: Coverage work, including his role as national and monitoring counsel for specialized insurance programs, has resulted in Eric being the insurer’s counsel of choice on many high profile and well known coverage cases decided in various jurisdictions across Canada.D & O monitoring and coverage:Defending, managing and resolving securities class actions in 6 of 10 provincesExtensive coverage work on both reimbursement and “duty to defend” D & O policiesDefence of private company and non-profit D & O claimsModified D & O policies and developed manuscript endorsements for use in CanadaEmployment practice liability and coverage: National monitoring and coverage counsel on a wide range of EPL insurance programs in CanadaDeveloped “made in Canada” EPL formsDefended entities and management on “duty to defend” EPL policies for a wide range of wrongful employment violationsMaintained Canada wide 1-800 toll service for EPL insurers and their insuredConstruction defence and coverage: Defended a wide range of construction site participants including contractors, sub-contractors, project managers, and developers.Handled a wide range of surety and warranty claims including coverage issuesEnvironmental Impairment Liability Insurance and First Party Cleanup Coverage:Retained by EIL insurers to defend claims brought against both spill and long term pollution contamination events, particularly in the energy and mining sectorsRetained to provide coverage advice on EIL policies and acted as coverage and monitoring counsel on site cleanup claimsFiduciary liability and coverage: Acted as defence counsel on covered pension plan disputesExtensive coverage work on fiduciary liability policiesModified policy forms for use in CanadaGeneral liability policies and coverage:Defended a wide range of insuredsLitigated key coverage cases on “duty to defend” policiesProvided advisory services to insurers modifying their general liability policiesActed for liability insurers undertaking policy buyouts on mass tort claims including asbestos, environmental losses and tobacco litigationProperty policies: Coverage work on disputed property claimsExtensive experience handling subrogated claimsUndertaken numerous policy revisions in response to client requestsDefended a wide range of property losses where fraud is an element
Eric has specialized in insurance law for 42 years, is named as one of Canada’s top commercial insurance lawyers by Lexpert Magazine, and recognized as a leading lawyer for Insurance and Reinsurance by Who’s Who Legal: Canada. Eric is a founding partner in the firm which is consistently ranked as one of Canada’s Top 10 Insurance Boutique law firms by Canadian Lawyer magazine.
Eric’s trial experience is varied and embraces the full spectrum of cases that liability insurers defend with recent notable examples including:
Eric has been peer-reviewed and recognized by Lexpert as one of Canada’s Leading Practitioners in the area of commercial insurance litigatio
Eric’s dominant practice areas include:
Professional liability defence, coverage and monitoring:
Cyber defence and coverage:
Complex coverage disputes and policy wordings:
Coverage work, including his role as national and monitoring counsel for specialized insurance programs, has resulted in Eric being the insurer’s counsel of choice on many high profile and well known coverage cases decided in various jurisdictions across Canada.
D & O monitoring and coverage:
Employment practice liability and coverage:
Construction defence and coverage:
Environmental Impairment Liability Insurance and First Party Cleanup Coverage:
Fiduciary liability and coverage:
General liability policies and coverage:
Property policies: