Kate's insurance practice includes representing and advising national insurers in relation to professional negligence, property damage, motor vehicle accidents and personal injuries. She also assists senior counsel in the defence of auditors, investment advisors, investment houses, brokers, appraisers and engineers against claims relating to negligence, breach of fiduciary duty, fraud and breach of contract under professional errors and omissions policies.
Kate also has a diverse commercial litigation practice. She assists and represents corporations and individuals from various industries on matters including contractual disputes, negligence actions and professional liability disputes. In this respect, Kate has acted as defence counsel for a number of home inspection companies and their insurers in Edmonton and Calgary.
Kate has appeared before the Provincial Court and the Court of Queen's Bench of Alberta and has experience with the Federal Courts rules and processes. She has also participated in alternative dispute resolution, including pre-trial conferences and mediation.
•Represents and advises insurers in respect of claims for property damage made under farm, home and business liability policies.
•Represents and advises insurers in respect of personal injury claims and motor vehicle accidents.
•Represents and advises corporations and individuals regarding general contractual disputes, fraud and negligence actions.
•Reviews documents and provides quantum liability assessments.
•Represented a national insurer in respect of claims for property damage made under farm, home and business liability policies.
•Represented an insurer in defence of a claim made for crop loss due to spray drift.
•Provided an assessment of liability in respect of a large commercial dispute involving trade secrets and intellectual property in heavy industrial equipment.
•Assisted senior counsel with a constitutional challenge to Alberta legislation which was appealed to the Supreme Court of Canada.
•Assisted senior counsel in preparing for and concluding litigation involving a large commercial real estate transaction at trial.
•Assisted on a large commercial arbitration involving power generation corporations and power purchase agreement disputes.
•Conducted research on the scope, impact and interpretation of environmental and legislation and the common law as it relates to oil sands and power generation facilities.
•Represented a construction company in the defence of a provincial court claim involving the development of a sub-division.
•Assisted senior counsel in a large commercial dispute involving a failed real estate transaction which had multiple partnerships.
•Assisted senior counsel with a shareholder dispute regarding the valuation of a multi-owner hotel property.
•Prepared an opinion for the insurance/risk management division of a construction company with respect to a claim for compensation following property damage.
• Jurisdictional Considerations in Class Proceedings , Don McGarvey with Kate Whittleton, Canadian Underwriter Magazine, October 2014
•“SCC Grants Leave In Class Action Trilogy ”, Mondaq, 2014
•Assisted on a variety of professional liability matters, including the defence of engineers, auditors, investment brokers and surveyors against professional errors & omissions claims.
•Represented a number of home inspection companies and their insurers in Edmonton and Calgary, in both the Provincial Court (Civil Division) and the Court of Queen's Bench.
•Assisted senior counsel in the defence of one of the big four accounting firms in respect to the audit of its own clients.
•Assisted senior counsel in the defence of a large engineering firm with respect to a construction delay claim involving multiple parties.
•Represented the owner/proprietor of a pharmacy in defending a disciplinary complaint.
•Represents a large regional insurance broker in the defence of various errors and omissions claims.
•Represented a physiotherapist in defence of a claim of negligence in the application of treatment.
•Assisted senior counsel in representing the insurer of an accountant defending a class action claim of professional negligence which was commenced against the accountant as well as a number of directors and officers.
•Assisted senior counsel in representing an insurer on a file for an appraiser who misrepresented the value of a property.
•Assisted senior counsel in representing the insurer of a veterinarian with regards to claim defending their standard of care.
Professional Associations, Affiliations and Community Activities
•Member, Canadian Bar Association
•Civil Litigation Section
•Junior Lawyers Section
•Civil Claims Duty Counsel Project Volunteer, Pro Bono Law Alberta
•Executive Member, Women's Legal Education and Action Fund