Our Team

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Kristal M. Low
Partner

Biography

Kristal was called to the B.C. Bar in 2008 and joined Guild Yule LLP in 2010. As part of her articles, Kristal completed a clerkship at the Supreme Court of British Columbia working directly with four to six justices. Kristal has been recognized by Benchmark Canada as a Future Star in 2020, 2021 and 2022.

Kristal’s practice is focused in (defence) litigation with an emphasis on professional negligence in the Health and Education areas, complex personal injury claims, and employment law. In doing so, Kristal frequently works with large institutions to investigate and defend various medical negligence claims, human rights claims, and personal injury claims. As part of her employment practice, Kristal regularly provides advice to employers on all aspects of employment, including terminations, employment contracts, workplace investigations, harassment claims, wrongful dismissal claims and human rights issues.

During her career, Kristal has appeared before all levels of courts, including the Supreme Court of Canada. She has a reputation for providing thoughtful, timely, and strategic advice to clients and approaches matters in a practical and reasonable manner.

Outside of work, Kristal volunteers her time providing pro bono legal services through the Access Pro Bono Clinic and enjoys reading, traveling and spending time with her husband and two daughters.

Recent decisions | Representative Work

• Gill v FHA, 2023 BCSC Action M184452 – oral reasons successfully setting aside plaintiffs’ jury notice

• CFO v The Organization, 2022 BCSC 1758 – successful defence of employer in dismissing judicial review brought by the employee

• Khan v. School Board of Trustees 39 (Vancouver) and Wong, 2021 BCSC 49 – successful defence of the School District in a historical abuse claim

• Bahinipaty v. Vancouver Coastal Health Authority (Vancouver General Hospital), 2019 BCSC 2112 – successful defence of the Health Authority in medical negligence claim

• Ehizode v. Ivanhoe Cambridge, 2018 BCPC 17 – successful defence of the defendant and having claim against it dismissed

• Simmons v Yeager Properties Inc., 2014 BCCA 201 – successful appeal of defendant and order overturning liability finding against defendant and having the claim against it dismissed

• Simmons v Yeager Properties Inc., 2013 BCSC 889 – successfully acted on behalf of the defendants for order of 75% contributory liability against the plaintiff

• Sigurdson v. Fraser Health Authority et al. WCAT-2013-00048 – successful defence of the Health Authority in having the plaintiff’s tort action statutorily barred

• Gill v. Fraser Health Authority et al, WCAT-2013-00448 – successful defence of the Health Authority in having the plaintiff’s tort action statutorily barred

• Moore v. British Columbia (Education), 2012 SCC 61 –defence of the School District (alongside Laura Bakan, K.C. and David Bell) in the seminal and leading case on discrimination under the BC Human Rights Code

• Russell v. Interior Health Authority, 2012 BCSC Action 0422114- successful defence of the Health Authority in medical negligence claim

• Park v. ON Acupuncture, 2012 BCPC Action No. 11698, Port Coquitlam Registry (August 20, 2012) – successful defence of the Health Authority in medical negligence claim

• Earl v. Providence Health Care Society dba Mount St. Joseph Hospital, 2013 BCPC Action No. 11-36303, Vancouver Registry (June 19, 2013) – successful defence of Society and having the claim against it dismissed

• Pattison College v. New York Institute of Technology, 2009 BCSC Action No. S094495, Vancouver Registry (November 4, 2009) – successful defence of the defendant in having the matter against it stayed in B.C.

Education | Professional Affiliations

Education

• 2008 Called to the British Columbia Bar
• 2007 to 2008 Judicial Law Clerk, British Columbia Supreme Court
• 2007 LL.B. cum laude, University of Ottawa
• 2003 B.A., Simon Fraser University

Professional Affiliations

• Member, Law Society of British Columbia
• Member, Canadian Bar Association, B.C. Branch
• Member, Vancouver Bar Association
• Member, Medical Legal Society of British Columbia

Publications | Seminars

• Co Author “Pandemic and Temporary Layoffs: Risks for Employers” December 2021, Guild Yule Briefing Notes

• Co Author “Tort Immunity for ‘True Policy Decisions’- A Toughter Defence for Municipalities?” October 2021, Guild Yule Briefing Notes

• Co Author “Armstrong v Ward: The importance of presenting non-negligent avenues to injury at Trial” February 2021, Guild Yule Briefing Notes

• Co Author “The New “Work Place” Health and Safety Considerations for Working From Home and Returning to Work” June 2020, Guild Yule Briefing Notes

• Co Author “An Employee by any other name, is still an Employee” July 2019, Guild Yule Briefing Notes

• Co Author “No Tort of Harassment” May 2019, Guild Yule Briefing Notes

• Author “A Victory For Insurers On Special Costs In Insurance Coverage Case” April 2019, Guild Yule Briefing Notes

• Co Author “Workplace Harassment post-Schrenk – Widening the scope of protections” January 2018, Guild Yule Briefing Notes

• Co Author “Performance Management Pitfalls and How To Avoid Them” October 2017, Guild Yule Briefing Notes

• Co Author “We’re just not that into you – how to terminate a probationary employee – Ly v. Interior Health Authority” May 2017, Guild Yule Briefing Notes

• Co Author “Civil Resolution Tribunal” March 2017, Guild Yule Briefing Notes

Community Involvement

• Former Director and Past President of the Board of Directors for the Children of the Street Society, a non profit organization that works to prevent sexual exploitation of youth
• Pro Bono Lawyer – Access Pro Bono