David is a Partner with Harper Grey and focuses his practice primarily on the defence of physicians in civil and administrative matters.
David maintains an insurance based practice, with a focus on fire loss, and has experience in commercial litigation and bankruptcy law. David has appeared at all levels of court in British Columbia, and has represented clients at inquests and other administrative proceedings.
Health Law
David has successfully defended physicans in the following matters:
- Alleged wrongful certification under the Mental Health Act, Mullins v. Levy et al
- An allegation of negligent obstetrical care, Mikhail v. Odulio et al
- An allegation that a surgeon caused nerve damage to the plaintiff’s lower leg during surgery, MacNeil v. Younger
- Alleged delay of diagnosis of appendicitis, Ewart v. Hogan
- Alleged failure to diagnose adult onset of Still’s Disease, Shannahan v. Johnson
- Alleged vascular injury occuring during gall bladder removal surgery, Brock v. Anderson
- Alleged fault for spinal surgery complication, Austin v. Joaquin
- Alleged failure to certify under the Mental Health Act, Briante (Litigation guardian of) v. Vancouver Island Health Authority
- Alleged failure to perform correct surgery, Cochran v. Hunter
- Allegation of fault relating to psychiatric medication, Chancey v. McKinstry
- Alleged failure in reporting on radiological studies, Drage v. Page
- Alleged defamation, Fairview Management Services Ltd. V. Ryeburn
Insurance Law
David has represented insurers and their insureds in a number of matters, including:
- Allegation of occupiers liability, Sheridan v. Donschenko
- Allegation of brain injury and other injuries following a motor vehicle accident, Karim v. Sangha
- Alleged wrongful breach by an insurer, Oughton v. Insurance Corp. of British Columbia
- Allegation of a wrongful failure to transfer title to a vehicle, Yu v. Insurance Corp. of British Columbia
- Allegation of wrongful denial of coverage under a homeowner’s policy, Peebles v. Wawanesa Mutual Insurance Co.
Bankruptcy Law
David has handled many cases on behalf of the Insurance Corporation of BC in which it sought to recover debt from bankrupt individuals, many of whom were alleged to have committed criminal acts or fraud. He has been successful in obtaining orders that such debt survive bankruptcy. His cases include:
- Re Thompson
- Re Schmidt
- Re Sidhu
- Re Diaz
Commercial Law
David has successfully represented a number of clients in commercial litigation. This representation has included:
- Defended an appeal from commercial arbitration award, Hanna Collision Repair (1984) Ltd. v. Insurance Corp. of British Columbia
- Successfully upheld the constitutionality of a municipal gravel levy (as co-counsel), Coquitlam (City) v. Construction Aggregates Ltd.
- Enforcement of a commercial option to purchase, Inland Shake and Shingle Ltd. v. Janbar Enterprises Ltd.
Education
- University of British Columbia, LL.B., 1989
- University of British Columbia, B.Comm., 1986
Bar Admission
- British Columbia, 1990
Leadership
- Contemporary Canadian Insurance Law Casebook, Published by LexisNexis® Canada, Contributing Author (2015)
- Harper Grey Canadian Insurance Law Blog, Editor and Contributing Author
- Harper Grey Insurance Law Update Newsletter, Contributing Author
- Harper Grey Mentoring Program, Mentor
- Harper Grey Practice Management Committee, Past Member
- LexisNexis® Harper Grey Insurance Law Netletter™, Contributing Author
- Medical-Legal Society of BC, Member and Former Board Member
Membership
- Canadian Bar Association, BC Branch Subsections, Member:
- Civil Litigation
- Insurance Law
- The Law Society of British Columbia, Member
