- 4.0/5.0 (1)
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
•Liability of professionals, municipalities, governments, schools, occupiers, hospitals, manufacturers and retailers
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
Bullen & Leake & Jacob's Canadian Precedents of Pleadings Carswell September 2010
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
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.,  S.C.C. 5.
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