| Don J. Smith |
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Don has practiced with Guild Yule since his call to the bar in 1991. In addition to acting as coverage counsel, his insurance defence practice is concentrated on construction defence, defence of municipalities, product liability, and defence for property and liability insurers in complex multi-party claims.
Don has been recognized by The Best Lawyers in Canada 2013 as a leader in the field of "Insurance Law" and is featured as a "Litigation Star" in the first edition of Benchmark Canada.
Recent Decisions & Matters
- With Alexander Kask, counsel for the Defendants with respect to a $1.7 million claim relating to allegations concerning Malfeasance in Public Office, Breach of Trust, Breach of Charter Right, and Negligence. This matter concerned the Plaintiff's transfer of a military building to Hornby Island that resulted in infractions of a Land Use Bylaw. The Plaintiff alleged, among other things, intentional wrongdoing and conspiracy targeting the Plaintiff and her winery on the part of the named trustees and insufficient oversight and incompetence of other defendants. The claim was dismissed after 28 days of trial with an order for costs to the Defendants. Costello v. Hornby Island Local Trust Committee, 2009 BCSC 1334
- B.A. Blacktop Ltd. v. Gencor Industries Inc. [2008] BCSC 231 – represented a Florida client and successfully argued that B.C. Courts did not have jurisdiction based on the contract provisions.
- Defence of various parties in dozens of construction losses arising out of faulty workmanship or design errors. The defence engagements include acting for project architects, general contractors, trades, material suppliers and the local municipal authorities.
- Defence of a local municipal authority in a complex abuse of process case.
- Coverage defence under a Boiler and Machinery policy with losses attributable to corrosion cracking in the steam turbine blading.
Education & Professional Affiliations
Education
- 1991 Called to the British Columbia Bar
- 1990 Bachelor of Laws, Faculty of Law, University of Saskatchewan<
- 1986 Bachelor of Arts, Economics, University of Regina
Professional Affiliations
- Member, Law Society of British Columbia
- Member, Canadian Bar Association, B.C. Branch (Construction Law, Civil Litigation and Insurance Sections)
- Member, Canadian Defence Lawyers
- Member, Defense Research Institute
Lectures & Publications
- CLE - Product Liability - The Use of Experts in Product Liability Claims.
- CLE - Construction Law – Municipal Liabilities
- Lorman – Panel Member on the new B.C. Building Code
Community Involvement
- Past Director of the A.T. Eight Artropolis Society
Recent Decisions & Matters
- With Alexander Kask, counsel for the Defendants with respect to a $1.7 million claim relating to allegations concerning Malfeasance in Public Office, Breach of Trust, Breach of Charter Right, and Negligence. This matter concerned the Plaintiff's transfer of a military building to Hornby Island that resulted in infractions of a Land Use Bylaw. The Plaintiff alleged, among other things, intentional wrongdoing and conspiracy targeting the Plaintiff and her winery on the part of the named trustees and insufficient oversight and incompetence of other defendants. The claim was dismissed after 28 days of trial with an order for costs to the Defendants. Costello v. Hornby Island Local Trust Committee, 2009 BCSC 1334
- B.A. Blacktop Ltd. v. Gencor Industries Inc. [2008] BCSC 231 – represented a Florida client and successfully argued that B.C. Courts did not have jurisdiction based on the contract provisions.
- Defence of various parties in dozens of construction losses arising out of faulty workmanship or design errors. The defence engagements include acting for project architects, general contractors, trades, material suppliers and the local municipal authorities.
- Defence of a local municipal authority in a complex abuse of process case.
- Coverage defence under a Boiler and Machinery policy with losses attributable to corrosion cracking in the steam turbine blading.
Education & Professional Affiliations
Education
- 1991 Called to the British Columbia Bar
- 1990 Bachelor of Laws, Faculty of Law, University of Saskatchewan<
- 1986 Bachelor of Arts, Economics, University of Regina
Professional Affiliations
- Member, Law Society of British Columbia
- Member, Canadian Bar Association, B.C. Branch (Construction Law, Civil Litigation and Insurance Sections)
- Member, Canadian Defence Lawyers
- Member, Defense Research Institute
Lectures & Publications
- CLE - Product Liability - The Use of Experts in Product Liability Claims.
- CLE - Construction Law – Municipal Liabilities
- Lorman – Panel Member on the new B.C. Building Code
Community Involvement
- Past Director of the A.T. Eight Artropolis Society