Blair Shaw is a partner in Davis's Litigation Practice Group. He is actively engaged in corporate and commercial litigation with a varied practice and a wide range of experience, including health and pension benefit, contract, construction, real estate and professional negligence law. A native of Vancouver, Mr. Shaw was educated at the University of British Columbia. He was admitted to the British Columbia Bar in 1987 and has practised law with Davis since articling with the firm in 1986. Mr. Shaw has appeared as counsel before all levels of provincial and federal courts, including the Federal Trial Division, the Federal Court of Appeal, the B.C. Supreme Court, the B.C. Court of Appeal, and the Queen's Bench of Saskatchewan. He has also appeared as counsel before commercial arbitrators and mediators and administrative tribunals, including the Workers' Compensation Board, the Residential Tenancies Branch, the Human Rights Commission and the Canadian Institute of Actuaries. Professional Experience Since 1987, a substantial portion of Mr. Shaw's practice has been in the areas of construction law, builders liens and design negligence. He has acted: · For numerous property developers, strata corporations and residential owners with respect to leaking, or otherwise deficient, building claims · In lengthy and complex litigation involving the failure of steel members in a 1,200 tonne stacker-reclaimer. Experts of international reputation were retained from England, Germany, United States and Japan to provide design, metal fatigue and fracture mechanics opinions and analysis · A 27 day trial over the design and supply of coated steel pipes to the Greater Vancouver Regional District involving international experts on steel pipe coatings and cathodic protection of subsurface infrastructure. · In multimillion dollar litigation involving the design and construction of a power transmission system in the Yukon Territory. · For one of Alberta's leading construction contractors in respect of the design and construction of 300,000 square feet of warehouse facilities. · On behalf of B.C. Hydro in an action involving the design and construction of a large steel culvert for the Revelstoke Dam project. This four-week trial involved expert evidence in geo-technology, hydrology and structural engineering · For a major port authority with respect to a variety of construction and engineering claims including ship gangways and sub-surface soil densification for commercial port facilities · For a B.C. sulphur terminal with respect to claims involving a sulphur stakrake and the design and construction of a ship loader · In a commercial arbitration for an international engineering firm with respect to the design of a hydro generation plant · For a major Japanese corporation with respect to the design of hydro generation turbines · For property owners and construction contractors in the filing, enforcement and discharge of builders liens · For the Petroleum Equipment Suppliers Association in contributing a B.C. Builders' Lien Act summary to the 2003 publication entitled "Summaries of Canadian Lien Law Legislation" · For a Yukon construction company and a B.C. forestry company in claims arising out of the procurement, design and/or construction of bridges · As co-counsel in multimillion dollar litigation arising out of the failure of a grout curtain installed around the circumference of an open-pit mine Since 1990, Mr. Shaw has developed a sub-specialty in health and pension benefit plan litigation. For example, he has acted as counsel: · In a complex legal action on behalf of an international actuarial firm in respect of a pension plan in Regina, Saskatchewan, spanning over five years of litigation, 128 days of examination for discovery, in excess of 100,000 documents, 20 years of history and evidence, and a claim in excess of $40 million. This legal action involved the interpretation of trust documents, pension and benefits plans, and novel questions of law relating to actuarial standards of practice and the assessment of damages · On behalf of an international actuarial firm with respect to a complex class action arising out of the pension plan of a former British Columbia mining company · In an actuarial negligence claim in respect of a pension plan of a college in British Columbia · On behalf of a pensioner with respect to a claim against a pension plan sponsor and trustee in respect of the proper interpretation of benefits provided under a pension plan and the validity of pension plan amendments · In multiparty litigation arising out of the bankruptcy of a Lower Mainland transportation company and the wind-up of its pension plan · For the trustees of a major health and benefits plan with respect to the interpretation and variation of a trust · On behalf of international actuarial firms with respect to proceedings before the Canadian Institute of Actuaries More generally, other matters in which Mr. Shaw has obtained a broad range of experience, including acting as Counsel: · For a B.C. forestry company with respect to a claim by the Province of British Columbia for losses incurred in a forest fire. This case involved expert evidence regarding forestry procedures and practices and the ignition, spread and control of forest fires · In forensic accounting cases including an $11 million claim for an electronic sign company spanning ten years of litigation with in excess of 50 days of examinations for discovery, thousands of documents, and three months of trial work · On behalf of an international high school and college in a five-week trial involving standards of practice for chartered accountants and the assessment of damages by real estate appraisal experts · For corporate clients in legal actions involving trade-mark infringements, grey marketing issues and "passing off" · In numerous personal injury actions for both plaintiffs and the Insurance Corporation of British Columbia · On behalf of a major B.C. forest company in a challenge to by-laws restricting forestry practices and the sale of land. This four-week trial involved expert evidence on forestry practices and groundwater contamination · On behalf of a B.C. mining company in a Federal Court appeal regarding a disputed mining claim · For numerous commercial landlords with respect to legal actions to recover arrears of rent and damages, to obtain vacant possession of demised premises, and to resolve rent distress and priority issues · In lengthy multi-party and international litigation involving allegations of conspiracy to injure and conspiracy to price fix · To major forestry and industrial clients before the W.C.B. Occupational Health and Safety and Appeal Divisions regarding alleged violations of the Industrial Health and Safety Regulations · In legal actions involving corporate shareholders' disputes · For corporate and professional clients in cases involving the collection of accounts, interpretation of contracts and statutory provisions, and standards of practice · For corporate clients in respect of actions involving the interpretation of property and disability insurance policies Other Activities · Canadian Bar Association · Construction and Civil Litigation Subsections of the B.C. Branch, Canadian Bar Association · Guest speaker, Municipal Law Subsection of the Canadian Bar Association Publications The Kerry Decision: The Current Law on Plan Expenses and the Use of Plan Surpluses Law Bulletin Supreme Court of Canada's Sureway Decision |