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David J. Bell
Partner

Biography

David practices general insurance defence litigation with an emphasis on the defence of dentists, hospitals and school boards in negligence and human rights claims. David also regularly defends businesses and municipalities in property damage and personal injury claims. He has experience appearing as counsel at all levels of court in British Columbia, and the Supreme Court of Canada.  In his administrative practice, David has defended matters before the Human Rights Tribunal, the Health Professions Review Board, the College of Dental Surgeons, the Hospital Appeal Board, the Workers Compensation Appeal Tribunal, and the Emergency Medical Assistants Licensing Board.

David articled at Guild Yule in 2000 and became an associate with the firm in 2001. He was admitted to the partnership on January 1, 2008.

David is currently chair of Guild Yule’s student recruitment committee.

David has been recognized by Benchmark Canada as a Future Star in 2015 and a Litigation Star in 2016 and 2017.

Recent decisions | Representative Work

Recent Decisions

  • Menard v. Northern Health Authority, 2009 BCSC 507
  • Kahlon v. Vancouver Coastal Health Authority et al, 2009 BCSC 922
  • Westfield v. Burnaby, unreported, October 2, 2009, New Westminster Registry No. S103222 (B.C.S.C.)
  • Ince v. Provincial Health Services Authority et al, 2010 BCSC 872
  • British Columbia (Ministry of Education) v. Moore, 2010 BCCA 478
  • Canadian National Railway v. Pauls, 2011 WCAT 2011-00740
  • Lee and Lee v. Burgess, unreported, June 9, 2011, Kelowna Registry No. 80956
  • Pearlman v. Cofman et al, 2011 BCSC 1479
  • Pirsel v. Northern Health Authority, 2011 BCSC 1309
  • Maslin v. Fraser Health Authority, 2011 BCHRT 275
  • Moore v. British Columbia (Ministry of Education), 2012 SCC 61
  • De Silva v. Fraser Health Authority, 2012 BCSC 1710
  • Legere v. Provincial Health Services Authority et al, 2013 BCSC 306
  • Novikova v. Thompson Rivers University, 2013 BCSC 2156
  • Russell v. Dr. Boileau et al, unreported, November 29, 2013, Prince George Registry No. 0422114
  • Stein v. Vancouver Coastal Health Authority et al, 2014 BCHRT 227
  • Stein v Vancouver Coastal Health Authority (No. 3), 2015 BCHRT 180
  • Olenga v British Columbia et al, 2015 BCSC 1050
  • Olenga v British Columbia et al, 2015 BCSC 2119
  • Allen v Dr. Nimchuk, 2016 BCSC 940
  • Hasham v Reach Centre Association et al, 2016 BCSC 2444

Representative Work

  • Acted for paper manufacturer and its insurer in a fire loss at a warehouse involving a claim in excess of $16 million
  • Acted as counsel for numerous dentists in malpractice claims brought by patients
  • Acted as counsel for hospital in claim for loss of consortium and loss of enjoyment of life brought by a patient’s spouse
  • Acted for municipalities in respect of personal injuries sustained on city property
  • Acted for a BC school board in a human rights matter brought by parents of a dyslexic child who alleged that the school district had discriminated against the student by failing to provide adequate accommodations
  • Defence of numerous hospitals and nurses in claims of medical malpractice
  • Acted for a school board in a claim that the constitutional rights of a special education student had been violated
  • Acted for professionals before administrative tribunals, including Human Rights Tribunal, the Health Professions Review Board, the College of Dental Surgeons, the Hospital Appeal Board, the Workers Compensation Appeal Tribunal, and the Emergency Medical Assistants Licensing Board.
  • Represented restaurants and public houses in commercial host liability actions
Education | Professional Affiliations

Education:

  • 2001, Called to the British Columbia Bar
  • 2000, Bachelor of Laws, University of British Columbia
  • 1994, Bachelor of Arts (History, Education), Simon Fraser University
  • 1994, Certificate of Liberal Arts,Simon Fraser University

 Professional Affiliations:

  • Member, Law Society of British Columbia
  • Member, Canadian Bar Association, B.C. Branch (Health Law, Civil Litigation, Human Rights and Insurance Law sections)
  • 2003-2004: Member of the Executive of Human Rights Sub-section
  • Member, Medical Legal Society
Publications | Seminars

Publications:

  • Sechelt Seawalls by the Seashore: Discrimination and City Planning, in Legal News for Local Governments, February 2005;
  • Personal Injury Interview and Examination for Discovery, Law Society of BC Practice Checklist Manual, 2009 – 2016, Co-editor with J.A. Doyle
  • General Litigation Procedure, Law Society of BC Practice Checklist Manual, 2009 -2016, Co-editor with J.A. Doyle

Lectures:

  • November 12, 2004, Accommodating Special Needs Students: Human Rights and Education, at the Conference on Emerging Legal Issues in Public Education,
  • November 22, 2006, Ethics and Negligence, to University of British Columbia School of Dentistry,
  • March 8, 2007, Human Rights and Education in the Context of Independent Schools, at the Conference of Catholic Schools of British Columbia,
  • How to Avoid Seeing Your Malpractice Lawyer, at the Pacific Dental Conference, March 7, 2008
  • Autism and the Law – Themes in Recent Litigation, at the Medical-Legal Society, September 23, 2010
Community Involvement
  • Member of the executive of Port Coquitlam FC Soccer Association
  • Minor soccer and lacrosse coach
  • Member of Mundiavocat FC (Vancouver Lawyers’ World Cup Team)