Joel maintains a general litigation practice, representing clients in a broad range of civil and administrative law matters at the trial and appellate level and before administrative tribunals.
Joel is a Partner in Harper Grey’s Health Law, Commercial Litigation, Professional Regulation, and Insurance Law practice groups.
Joel’s practice focuses on professional liability; commercial litigation, including multi-party cases and class actions; insurance litigation; and administrative law. He routinely acts as counsel on complex cases and appeals. He has represented clients at all levels of court in British Columbia and before various administrative tribunals.
Joel is the firm’s Mentorship Partner – leading the student and associate mentorship program – and is one of the firm’s Student Recruitment Coordinators – leading the student recruitment and hiring process.
Joel acts as pro bono counsel in civil and administrative law matters. He serves as a board member for the Greater Vancouver Law Students’ Legal Advice Society, as Harper Grey’s LSLAP (Law Students’ Legal Advice Program) coordinator, and volunteers as a supervising lawyer with LSLAP.
Joel is an adjunct professor at UBC, Allard School of Law, teaching an upper year course on “Ethics and Professionalism.”
Joel has been recognized as a leading practitioner in the area of Medical Negligence by Lexpert, a Rising Star: Leading Lawyers Under 40 (2020) by Lexpert, and as a “Future Star” and 40 & Under Hot List – Leading Lawyers Under 40 (2021) by Benchmark Canada.
Prior to joining Harper Grey, Joel clerked at the British Columbia Supreme Court.
For examples of Joel’s litigation experience and representative cases please refer to the Experience tab.
Professional Liability
Joel has acted both for and against professionals in matters involving professional negligence, breach of contract, breach of fiduciary duty, and intentional torts.
Representative cases include:
- Counsel for physicians in medical negligence actions. Examples of cases include:
- Defence of allegations of battery and negligent gallbladder surgery before jury: Jacobi v. Vikis (21 September 2016), Vancouver S128263 (B.C.S.C.).
- Defence of alleged failure to certify under the Mental Health Act: Briante v. Vancouver Island Health Authority, 2017 BCCA 148, aff’g 2014 BCSC 1511, rev’g 2015 BCSC 807.
- Defence of alleged failure to diagnose arteriovenous malformation: O’Connor v. Wambera, 2018 BCSC 886.
- Defence of claim for income tax gross-up, trustee fees, and investment management fees, arising out of infant settlement: Pestano v. Wong, 2019 BCCA 141, rev’g 2017 BCSC 1666.
- Defence of claim for aggravated damages in relation to hip replacement surgery: Hicks v. Belknap, 2022 BCCA 292, aff’g 2021 BCSC 855.
- Counsel for engineering firm in respect of claims arising out of municipal wellfield project in New Brunswick.
- Counsel for engineering firm in respect of claims arising from the failure of the Mount Polley Mine tailings storage facility.
- Counsel for defendant professional in class action in relation to claim involving use of unapproved medical device: Zhang v. Dupont (30 October 2019), Toronto CV-17-567774 (Ont. S.C.J.).
- Counsel for defendant professional on successful motion to strike claim and dismiss action on basis of witness immunity: J.P. v. Eirikson, 2015 BCSC 847.
- Counsel for defendant professional on successful motion to enforce settlement agreement: Roumanis v. Hill, 2013 BCSC 1047.
Commercial Litigation
Joel has acted in a broad range of commercial matters, including disputes involving breach of contract, negligence, breach of fiduciary duty, statutory causes of action and remedies, and class actions.
Representative cases include:
- Counsel for defendants in tobacco health care cost recoupment actions across Canada.
- Counsel for proposed defendant directors and officers in opioid health care cost recoupment class action in British Columbia.
- Counsel for defendants in product liability class action proceedings.
- Counsel for ICBC in proposed class action in relation to payments made by ICBC to the provincial government in respect of MSP medical practitioner expenses and ICBC’s basic insurance rates.
- Counsel for defendant financial institution in class action regarding misappropriation of funds by provincial government employee.
- Counsel on appeal challenging enforceability of limitation of liability provision in professional engagement agreement: Felty v. Ernst & Young LLP, 2015 BCCA 445.
- Counsel on appeal from order denying costs to successful party at trial: Dawson (Town of the City of) v. Carey, 2014 YKCA 3.
- Counsel on appeal in leading decision regarding interpretation of “deposit” provisions in standard form real estate agreements: Tang v. Zhang, 2013 BCCA 52.
- Counsel for pre-sale purchasers in proposed class action and individual actions under Real Estate Development Marketing Act, S.B.C. 2004, c. 41, in relation to Hotel Georgia residential development.
Insurance Litigation
Joel has acted at the trial and appellate level in insurance matters involving statutory and contractual interpretation, bad faith, and injunctive relief.
Representative cases include:
- Counsel for ICBC on appeal concerning interpretation of uninsured motorist provisions of Insurance (Vehicle) Act: Schoenhalz v. Insurance Corporation of British Columbia, 2017 BCCA 289.
- Counsel for ICBC on appeal concerning interpretation of substitute vehicle coverage provisions under Insurance (Vehicle) Act and Regulation: Ocean Park Ford Sales Ltd. v. Insurance Corporation of British Columbia, 2016 BCCA 337.
- Counsel for ICBC in proposed class action regarding claim-rated scale: Hartney v. Insurance Corporation of British Columbia (B.C.S.C.).
- Counsel for insured professional in bad faith action against insurer for withdrawal of defence and denial of coverage in tort action (B.C.S.C.).
Administrative Law and Public Law
Joel has acted in a range of administrative law and public law matters before tribunals, on judicial review, and at the trial and appellate level. Joel’s experience includes acting as counsel for regulated professionals, for corporations operating in regulated industries, and for administrative bodies.
Representative cases include:
- Counsel for ICBC on motion to strike petition brought by lawyer seeking relief in respect of refusal to issue billing number: Ngalim v. Insurance Corporation of British Columbia, 2022 BCSC 1822.
- Counsel for Technical Safety BC on judicial review concerning internal standard of review on appeals to Safety Standards Appeal Board: Technical Safety BC v. BC Frozen Foods, 2019 BCSC 71.
- Counsel for Technical Safety BC (then BC Safety Authority) on appeal concerning jurisdiction to recognize training programs in regulated areas: International Brotherhood of Electrical Workers, 2017 BCCA 313.
- Counsel for ICBC on motion brought by insured to obtain injunctive relief against ICBC in respect of cancellation of driver’s license and insurance: Chi v. Insurance Corporation of British Columbia (10 April 2017), Vancouver S166775 (B.C.S.C.).
Education
- University of British Columbia, LL.B., 2010
- Queen’s University, B.A.(Hons.), 2007
Bar Admission
- British Columbia, 2012
Leadership
- Harper Grey Mentoring Program, Mentoring Partner
- Harper Grey Pro Bono Committee, Chair
- Harper Grey Articling Students Committee, Co-Chair
- Law Students’ Legal Advice Program (LSLAP), Board Member (2023-Present)
- The Advocates’ Society, Personal Injury & Insurance Practice Group, Member-At-Large (2022-Present)
- UBC Allard School of Law, Adjunct Professor, Ethics and Professionalism (2019-Present)
- Publications:
- Administrative Justice: A Practitioner’s Guide, Published by LexisNexis® Canada, Contributing Author
- Harper Grey Administrative Law Observer Newsletter, Contributing Author
- Harper Grey Canadian Administrative Law Blog, Contributing Author
- Harper Grey Civil Litigation Update, Author
- LexisNexis® Harper Grey Administrative Law Netletter™, Contributing Author
Membership
- Canadian Bar Association, BC Branch, Member
- The Advocates Club, Former Member
- The Advocates’ Society, Member
- The Law Society of British Columbia, Member
Community Involvement
- Access Pro Bono, Volunteer lawyer
- Law Students’ Legal Advice Program (LSLAP), Supervising Lawyer
