Peter Gibson

Peter Gibson: Attorney with Field Law

Biography

Peter Gibson's practice is predominantly in the area of insurance law where he has experience in coverage disputes, defending claims and pursuing subrogated matters. He has acted for insurers and insureds in coverage matters involving a variety of policies (automobile, commercial general liability, professional errors and omissions and disability).

His litigation experience on coverage, defence and subrogated matters has included trials and applications before the Courts of Alberta, the Northwest Territories, Nunavut and Saskatchewan. He also argued in the Courts of Appeal in Alberta, the Northwest Territories and Nunavut and at the Supreme Court of Canada. He also has extensive experience in alternative dispute resolution by judicial mediation and private mediation and arbitration.

Clients turn to Peter to protect their interest in litigation arising in a wide variety of contexts, including:

•Major construction projects
•Industrial accidents, fires and fatality claims
•Employment relations
•Personal injury
•Defamation
•Liability of professionals, municipalities, governments, schools, occupiers, hospitals, manufacturers and retailers

Presentations

Past Presentations

The following is a list of presentations, seminars or speaking engagements previously given by Peter:

Civil Litigation in Alberta - Surprises, Secrets and Strategies Insurance Professionals October 2016
Subcontractor Default Insurance vs. Performance Bonds, what is the impact on the Subcontractor? Glass Trades Association November 2014
Litigating Post-Traumatic Stress Disorder Claims Insurance Industry Members and Field Law Clients September 2014
Construction Contracts and Insurance: Understanding the Implications of Defence and Indemnity Provisions BUILDEX Edmonton Conference & Tradeshow March 2014
Condominium Losses - Working With Multiple Policies and Reluctant Property Managers CICMA/CIAA October 2011
Alberta Rules of Court Field Law Clients and Guests February 2011
A New, and Wider, Approach to Duty of Care, Fullowka v. Pinkerton's of Canada Ltd. 2010 SCC 5 Insurance Section of the Canadian Bar Association, Alberta Branch November 2010
Witness Statements, Traps and Tips for Adjusters Insurance Adjusters and Claims Managers October 2010
Privacy and Surveillance Field Law Clients and Guests November 2009
Surveillance, Privacy, Spoliation and Privilege Field Law Clients and Guests September 2009
Indecent Exposure : Privilege as Applied to Claims Adjusting Canadian Bar Association - Insurance Subsection February 2009
Your Insured Has Been Sued for a Loss Intentionally Caused by Someone Else, What is Your Exposure? Field Law Clients and Guests September 2008

Published Works

Books

Bullen & Leake & Jacob's Canadian Precedents of Pleadings Carswell September 2010

Articles

Material Contribution is the Unicorn of Canadian Tort Law Insurance E-Bulletin June 2012
Annapolis County District School Board v. Marshall, 2012 SCC 27 Insurance E-Bulletin June 2012
Fullowka v. Pinkerton's of Canada Ltd. Insurance E-Bulletin February 2010
Intentional Damage Claims Canada August 2008
Will Your Insured Be Held Liable for Damages Intentionally Caused by Someone Else? June 2008
Joint and Several Tortfeasors and the Possible Impact of Settlement September 1999
Protecting Your Business- Are You Sure You Are Insured? 1999
The Law of Privilege as Applied to the Claim Adjustment Process Canadian Journal of Insurance Law 1997

Experience

A landmark Supreme Court case involving complex tort law issues

Our client: The government of Northwest Territories and its Department of Mine Safety were among the defendants following the 1992 bombing that killed nine miners working in the Royal Oaks Mines' operations at the Giant Mine in Yellowknife.

Where we began: The plaintiff - the Workers' Compensation Board of the Northwest Territories - having paid pensions to the miner's widows, instituted a massive subrogated civil lawsuit against our client and others, alleging that some or all of them were liable along with the miner convicted of the murders for either inciting his act or for failing to prevent it.

The trial judge found that our client and the other defendants were liable, as they owed a duty of care in tort, negligently breached that duty and that their actions or inactions met the material contribution test for causation. However, the Court of Appeal reversed on all three points, a decision which the plaintiff appealed to the Supreme Court of Canada.

Our approach: In a five-month trial, Peter and fellow Field partner Christine Pratt argued that the government's mine safety inspector wasn't responsible and didn't do anything wrong. This was a hard-fought case involving hard facts, and contested on each element of liability, including duty of care, standard of care, breach, causation and remoteness. The trial judge, in a 400 page decision, found all elements of the case had been met. The GNWT and other Defendants appealed and the Court of Appeal reversed the Trial Judge on every one of those elements. The matter then went to the Supreme Court of Canada.

The result: Supreme Court of Canada found the Trial Judge had not erred in holding that the GNWT owed a duty of care to the deceased miners, but agreed with the court of Appeal that the trial judge was wrong in finding that it had failed to meet the standard of care and had applied the incorrect test for causation. Fullowka v. Pinkerton's of Canada Ltd., [2010] S.C.C. 5.

Areas of Practice (4)

  • Insurance
  • Litigation
  • Construction
  • Media

Education & Credentials

Contact Information:
780 423 7631  Phone
780 428 9329  Fax
www.fieldlaw.com
University Attended:
Queen's University at Kingston, Bachelor of Arts, 1988
Law School Attended:
University of Alberta, Bachelor of Laws, 1993
Year of First admission:
1994
Admission:
1994, Alberta; 1997, Northwest Territories
Memberships:

Professional Associations

Canadian Bar Association Member
Edmonton Bar Association Member
Edmonton Insurance Association Member
Fire Investigation Association of Alberta Member
International Order of the Blue Goose Member
Law Society of Alberta Member
Law Society of Northwest Territories Member

Reported Cases:
Reported Cases: Martin v Sievers 2014 ABQB 357 Alberta Court of Queen's Bench 2014; 645639 Alberta Ltd. (Aurora Transportation) v. Co-Operators General Insurance Company 2013 ABQB 627 Court of Queen's Bench of Alberta 2013; Arcelormittal Tubular Products Roman S.A. v. Fluor Canada Ltd. 2013 ABCA 279 Court of Appeal 2013; Canadian Natural Resources Limited v. Arcelormittal Tubular Products Roman S.A. (Mittal Steel Roman S.A.) 2012 ABQB 679 Alberta Court of Queen's Bench 2012; Ootoova Estate v. Mosher Engineering Ltd. 2011 NUCA 6 Nunavut Court of Appeal 2011; Fullowka v. Pinkerton's of Canada Ltd. 2010 SCC 5 Supreme Court of Canada 2010; Wainwright (Town) v. 876947 Ontario Ltd. 2010 ABCA 23 Alberta Court of Appeal 2010; Wainwright (Town) v. 876947 Ontario Ltd. 2009 ABCA 18 Alberta Court of Appeal 2009; Fullowka v. Royal Oak Ventures Inc. 2008 NWTCA 4 Northwest Territories Court of Appeal 2008; Saddleback v. Labine 2008 ABQB 698 Alberta Court of Queen's Bench 2008; Wainwright (Town) v. G-M Pearson Environmental Management Ltd. 2008 ABQB 446 Alberta Court of Queen's Bench 2008; Fullowka v. Royal Oak Ventures Inc. [2008] N.W.T.J. No. 27 Northwest Territories Supreme Court 2008; Wainwright (Town of) v. G-M Pearson Environmental Management Ltd. 2007 ABQB 576 Alberta Court of Queen's Bench 2007; Wainwright (Town) v. G-M Pearson Environmental Management Ltd. [2007] A.J. No. 1083 Alberta Court of Queen's Bench 2007; Base v. Hadley [2006] N.W.T.J. No. 3 Northwest Territories Supreme Court 2006; Fullowka v. Royal Oak Ventures Inc. [2006] N.W.T.J. No. 24 Northwest Territories Supreme Court 2006; Fullowka v. Royal Oak Ventures Inc. [2005] N.W.T.J. No. 57 Northwest Territories Supreme Court 2005; Fullowka v. Royal Oak Ventures Inc. 2004 NWTSC 66 Northwest Territories Supreme Court 2004; Base v. Hadley [2004] N.W.T.J. No. 23 Northwest Territories Supreme Court 2004; Fullowka v. Royal Oak Ventures Inc. [2003] N.W.T.J. No. 48 Northwest Territories Supreme Court 2003; Rockwell v. Klopstra [2003] A.J. No. 686 Alberta Court of Queen's Bench 2003; Lombard General Insurance Co. of Canada v. Varco Canada Ltd. [2002] A.J. No. 945 Alberta Court of Queen's Bench 2002; Dear v. Styre [2002] A.J. No. 691 Alberta Court of Queen's Bench 2002; Williamson v. Best Plumbing & Heating Supplies Ltd. [2002] A.J. No. 291 Alberta Court of Appeal 2002; Wong v. Mejia [2001] A.J. No. 665 Alberta Court of Queen's Bench 2001; Sunshine Village Corp. v. Canada (Minister of Environment) [2001] A.J. No. 651 Alberta Court of Queen's Bench 2001; Willier v. Lajeunesse [2001] A.J. No. 1357 Alberta Court of Queen's Bench 2001; Guinan v. Northwestel Inc. [2000] N.W.T.J. No. 57 Northwest Territories Supreme Court 2000; Guinan v. Northwestel Inc. [2000] N.W.T.J. No. 56 Northwest Territories Supreme Court 2000; Williamson v. Best Plumbing & Heating Supplies Ltd. [2000] A.J. No. 495 Alberta Court of Queen's Bench 2000; Dear v. Styre [2000] A.J. No. 1334 Alberta Court of Queen's Bench 2000; Malik v. Alberta Motor Association Insurance Co. [2000] A.J. No. 1203 Alberta Court of Queen's Bench 2000; Stewart v. Fort McPherson (Hamlet) [1999] N.W.T.J. No. 91 Northwest Territories Supreme Court 1999; Shum v. Mitchell [1999] A.J.No. 1105 Alberta Court of Queen's Bench 1999; Baker v. Yacyshen [1999] A.J. No. 1289 Alberta Court of Queen's Bench 1999; Wild Rose School Division No. 66 v. Bert Pratch Construction Co. 1998 ABQB 831 Alberta Court of Queen's Bench 1998; Valic v. Northwest Territories Housing Corp. [1997] N.W.T.J. No. 53 Northwest Territories Supreme Court 1997; Check v. Sun Life Assurance Co. of Canada [1995] A.J. No. 1400 Alberta Court of Queen's Bench 1995
ISLN:
900034235

Peer Reviews

  • 4.0/5.0 (1)
  • Peer Reviewed
  • Legal Knowledge

    4.0/5.0
  • Analytical Capability

    4.0/5.0
  • Judgment

    4.0/5.0
  • Communication

    4.0/5.0
  • Legal Experience

    4.0/5.0
  • Peter Gibson

    4.0/5.0 by a Partner on 06/01/10 in Civil Litigation on 06/01/10

    • Legal Knowledge

      4.0/5.0
    • Analytical Capability

      4.0/5.0
    • Judgment

      4.0/5.0
    • Communication

      4.0/5.0
    • Legal Experience

      4.0/5.0
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