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Jordan A. Bank
Partner

Biography

Jordan practices in the area of civil litigation, with an emphasis on insurance defence. His practice is broad. He has defended clients in personal injury actions and motor vehicle claims, medical malpractice claims, property loss claims, crop loss claims, human rights complaints, contract disputes, class action lawsuits and professional negligence claims. He also has extensive experience with insurance coverage disputes, acting for both insurers and insureds, and he regularly provides insurance coverage advice.

He has represented clients at the B.C. Human Rights Tribunal and at all levels of court in British Columbia. He has also acted as counsel in a number of Coroner’s inquests.

In addition to his litigation practice, since 2019, Jordan has taught Insurance Law at the Peter A. Allard School of Law. He is also a participating member of the CBABC Law Student Mentorship Program, acting as a mentor to first year law students at the Peter A. Allard School of Law. He also actively mentors junior associates and students at the firm.

Most recently, for the 2022 and 2023 and 2024 edition of Best Lawyers Canada, Jordan was recognized in the area of Insurance Law.

Prior to joining Guild Yule LLP in the fall of 2013, Jordan clerked for six justices of the British Columbia Supreme Court after articling at a national law firm in Calgary.

Recent decisions | Representative Work

• Counsel for a director of a company registered as a portfolio manager and exempt market dealer, in a class action brought by a group of investors who sought damages for lost investments.
• Counsel for health authority in partially successful certification hearing in a class action brought on behalf of individuals who claimed damages for, amongst other things, negligence, battery and invasions of privacy.
• Counsel for a former school district trustee in a contentious petition for judicial review of the BC Human Rights Tribunal’s decision regarding our client’s application to dismiss under s. 27(1) of the Human Rights Code.
• Counsel for insurers in various claims brought by insureds in first-party coverage disputes.
• Counsel for out-of-province insurers in various personal injury claims arising from motor vehicle accidents.
• Counsel for a grocery store at certification hearing in a class action brought on behalf of individuals who claimed damages for invasions of privacy.
• Counsel for a solicitor and law firm in a largely successful application to strike allegations of negligence, pursuant to Supreme Court Civil Rule 9-5.
• Counsel for a health authority in a successful application to enforce the prohibition of evidence arising from a hospital’s internal quality review, as set out in s. 51 of the B.C. Evidence Act.
• Counsel for university in a successful application to WCAT, resulting in a total bar to the plaintiff’s claim under the Workers Compensation Act.
• Counsel in a pre-arbitration dispute between two out-of-province insurers on the issue of which insurer was required to provide underinsured motorist protection as the primary insurer (the arbitrator found the other insurer was primary).
•Co-counsel for franchisors and their principals at certification hearing and on appeal in a class action brought against debt consultants for alleged breaches of the Bankruptcy and Insolvency Act and the B.C. Business Practices and Consumer Protection Act.
• Co-counsel in Federal Court matter on behalf of the owner of a crane that was extensively damaged after being towed into a bridge.
• Counsel for a School District in the successful petition for judicial review to have a BC Human Rights Tribunal decision set aside for being patently unreasonable.
• Acted as independent legal counsel for insureds where insurance limits are threatened.
• Co-counsel for a strata corporation in a traumatic brain injury claim.
• Counsel in a successful application to dismiss a representative human rights complaint brought against a School District for failing to create a “Wi-Fi Free” school and for failing to prohibit the use of cell phones during school hours.
• Co-counsel for a health authority, where the defendants successfully applied to have the jury discharged at the conclusion of a 3-week trial.
• Co-counsel for a non-profit association in a successful application to have the claim struck for being outside the Court’s jurisdiction.
• Co-counsel at trial in the successful defence of a personal injury damages claim.
• Co-counsel in a successful application to strike a multi-million dollar crop loss claim as being res judicata or an abuse of process.
• Co-counsel at trial in the successful defence of a nuisance claim brought against a municipality.
• Co-counsel for WorkSafeBC at the Coroner’s Inquest into the deaths of Robert Francis Luggi and Carl Rodney Charlie.
• Counsel for School Districts in numerous human rights claims.
• Counsel for excess insurers in numerous motor vehicle claims involving serious personal injuries.

Education | Professional Affiliations

Education

  • 2011, J.D., University of British Columbia
  • 2007, B.A. (Economics), Simon Fraser University

Professional Affiliations

  • Member, Law Society of British Columbia (2013)
  • Non-Practicing Member, Law Society of Alberta (2013)
  • Member, Canadian Bar Association, B.C. Branch
Publications | Seminars

• Co-Author, “Giacomini Consulting v. The Owners”, February 2024, Guild Yule Briefing Notes
• Adjunct Professor, Insurance Law at Peter A. Allard School of Law (2019 through 2023)
• Editor, CLEBC – BC Motor Vehicle Accidents Claims Practice Manual, 2021
• Co-Author, “Nelson v Marchi 2021 SCC 41 – Tort Immunity for “True Policy Decisions” – A Tougher Defence for Municipalities?” October 2021, Guild Yule Briefing Notes
• Author, “Nagy v. BCCA”, October 22, 2020, Guild Yule Briefing Notes
• Author, “Rankin’s Garage – A Fresh Application of the Moral Glue of Tort (Reasonable Foreseeability Revisited)”, July 9, 2018, Guild Yule Briefing Notes
• Author, “B.C. Supreme Court Clarifies the Rule in Respect of the Location of Examinations for Discovery of Non-Resident Parties/Party Representatives”, May 2, 2016, Guild Yule Briefing Notes
• Author, “Larson v. School District No. 39”, January 21, 2015, Guild Yule Briefing Notes
• Co-author, “Good Faith in the Performance of Contractual Obligations After Bhasin v. Hrynew”, November 21, 2014, Guild Yule Briefing Notes
• Co-author, “Victoria (City) v. Adams: a municipality’s right and obligation to maintain safe and aesthetically pleasing public spaces”, presented at the Municipal Risk Management Meeting, November 7, 2014
• Author, “The Standard of Care in Occupiers’ Liability and Negligence Cases: The duty to protect others from objectively unreasonable risks of harm”, July 28, 2014, Guild Yule Briefing Notes
• Co-author, Memorandum to the Law Society of British Columbia on the relevant considerations relating to the proposed Faculty of Law at Trinity Western University, March 17, 2014
• Co-author, “Judicial Consideration of the ‘New’ Supreme Court Rules”, presented to the Trial Lawyers Association of British Columbia at the Medical Legal Conference XII (Maui), January 2014