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Alexander D.C. Kask
Partner

Biography

Alex practices in the areas of professional liability, health law, municipal law, general insurance defence litigation and administrative law. He also has experience in product liability, commercial litigation, safety standards regulation, personal injury, and human rights law. He has represented clients at all levels of court in British Columbia and before various administrative tribunals. Alex was called to the British Columbia Bar in 2000 and has focused on civil litigation throughout his legal career.  While in Law School he worked for the Royal Canadian Mounted Police as a Litigation Analyst.  He is the author of five publications on the Japanese language and has worked as an interpreter and translator. He is a frequent lecturer for The Continuing Legal Education Society of British Columbia and Canadian Bar Association.  He has also been an instructor for the Vancouver Community College Paralegal Certificate and Diploma Program.

Recent decisions | Representative Work
  • Counsel for a Defendant lawyer with respect to a claim by a former client relating to conduct during litigation. Obtained a dismissal of all allegations. Kasim v. Bomhof
  • Counsel for a Defendant retail store with respect to a claim for battery and wrongful confinement following a scuffle between the claimant and various members of the staff. Obtained a dismissal of all allegations. Fedow v. MPCT Schuchardt Sales Ltd., et al.
  • Counsel for a Defendant lawyer with respect to a claim by an opposing litigant relating to conduct during litigation. Obtained a dismissal of all allegations. Murdocca v. Priess
  • Counsel for a Plaintiff injured in a motor vehicle accident.  After an 8-day trial, the court determined that the Plaintiff should be awarded $411,348.76 for pain and suffering, special damages, future care, and loss of opportunity, plus taxable costs and disbursements.  The award was net of deductions for amounts that had been paid for no-fault benefits prior to trial.  Trites v. Penner, 2010 BCSC 882
  • Counsel for the Defendant municipality with respect to a claim by a Plaintiff who was injured when he slipped and fell on an icy sidewalk.  The Plaintiff challenged the zoning scheme for the location of the loss and argued that the City’s maintenance policy was alternatively patently unreasonable or not being followed.  The court ruled that the municipality was acting in a good faith manner, in compliance with a bona fide policy, and therefore a claim in negligence could not be maintained.  As a result the claim was dismissed with costs to the Defendant.  Gladstone v. Burnaby
  • Counsel for the Defendant municipality with respect to a claim by a Plaintiff who alleged injury during the course of his arrest by police officers from the city detachment.  The court considered whether the municipality was an appropriate defendant given the nature of contract policing in British Columbia and the terms of the Police Act.  The court ruled that the Plaintiff’s claim should be dismissed with costs to the Defendant.   Baines v. Prince George
  • Counsel for the Defendantswith 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
  • Counsel for the respondent Authority with respect to the suspension of a contractor’s Class A Certification as per Section 15(a) of the Safety Standards Act.  The Tribunal heard evidence and submissions over 9 days concerning issues relating to Code compliance, limits of regulatory resources, and the structure and function of the Safety Standards system in British Columbia.  The Tribunal ruled that the authority had provided the Appellant with numerous opportunities to correct his work and that the suspension was correctly issued.  As such the appeal was dismissed.  A Gas Contractor v. B.C. Safety Authority, BCSSAB 3 (5) 2005
  • Counsel for the Plaintiff on the following franchise litigation, which introduced the concept of good faith as a concept relevant to the interpretation of franchise contracts in BC.  Joo v. Shin 2005 BCSC 902
Education | Professional Affiliations

Education:

  • 1999     LLB, University of British Columbia
  • 1991     BA, University of British Columbia

 Professional Affiliations:

  • Member, Canadian Bar Association, B.C. Branch
  • Member, Civil Litigation Section, Canadian Bar Association, B.C. Branch
  • Member, Administrative Law Section, Canadian Bar Association, B.C. Branch
  • Member, Product Liability Law Section, Canadian Bar Association, B.C. Branch

Publications | Seminars

So You Beat Your Offer to Settle … Now What?  Continuing Legal Education Society of British Columbia co-authored with Taylor-Marie Young October 2015

Formal Offers to Settle: Shields or Swords? Guild Yule LLP co-authored with James Silvester February 2015

Court of Appeal Shuts Door on Litigation Financing Interest as a taxable disbursement in British Columbia Guild Yule LLP co-authored with Taylor-Marie Young November 2014

eDiscovery Update: case law on Predictive Coding Guild Yule LLP November 2014

Supreme Court of Canada rules that Good Faith Applies to the performance of all contracts in Canada Guild Yule LLP co-authored with Jordan Bank November 2014

Victoria (City) v. Adamsa municipality’s right and obligation to maintain safe and aesthetically pleasing public spaces Guild Yule LLP co-authored with Jordan Bank November 2014

Recent Developments in BC Relating to Claims for Litigation Financing Expenses Guild Yule LLP February 2014

Lay Witnesses Continuing Legal Education Society of British Columbia December 2013

Insurers face $4,950,000 in Punitive & Aggravated Damages (Branco v. American Home Assurance, et al. 2013 SKQB 98) Guild Yule LLP co-authored with Shauna Gersbach April 2013

Litigation Finance – A Great Coastal Divide Guild Yule LLP February 2013

Da Silva Moore v. Publicis Group SA: Relevance for documentary disclosure determined by computer? Guild Yule LLP June 2012

Litigation Finance: Access to Justice at What Cost? Part II The Advocate Volume 69 Part 6 co-authored with Adam Howden-Duke November 2011

Formal Offers under Rule 9-1 of the BC Supreme Court Civil Rules Continuing Legal Education Society of British Columbia November 2011

The Latest Chapter in Litigation Finance – Back from the Brink? Guild Yule LLP co-authored with Adam Howden-Duke October 2011

Litigation Finance: Access to Justice at What Cost? The Advocate, Volume 69, Part 5 co-authored with Adam Howden-Duke September 2011

Discovery under the New Supreme Court Civil Rules Guild Yule Briefing Note February 2010

Commencing and Defending an Action under the New Supreme Court Civil Rules Guild Yule LLP December 2009

Community Involvement
  • Instructor for the Vancouver Community College Paralegal Certificate and Diploma Program
  • Alex is an avid marital artist and has taught Classical Ju-jutsu at the University of British Columbia since 1997