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Kristal M. Low
Partner

Biography

Kristal practices in the area of insurance litigation, with a focus on professional negligence actions and employment law. Her practice includes the defence of complex personal injury claims, medical malpractice, school liability claims, human rights claims, wrongful dismissal claims, products liability claims and directors and officers liability claims. Kristal has appeared before the Provincial Court of British Columbia, the Supreme Court of British Columbia, the Court of Appeal and the Supreme Court of Canada. Kristal also volunteers her time providing pro bono legal services through the Access Pro Bono Clinic.

As part of her articles, Kristal completed a clerkship at the Supreme Court of British Columbia. Kristal was called to the B.C. Bar in 2008 and joined Guild Yule LLP in 2010. Kristal has been recognized by Benchmark Canada as a Future Star in 2020 for Dispute Resolution.

Recent decisions | Representative Work

• Khan v. School Board of Trustees 39 (Vancouver) and Wong, 2021 BCSC 49 – Kristal M. Low and Stephanie L Hamilton successfully acted on behalf of the defendant School Board of Trustees 39 (Vancouver) in a historical physical/emotional abuse claim. In that case, the plaintiff alleged that she had been physically, emotionally and verbally abused as a student at school by the defendant teacher in the mid-1980s to early 1990s. The defendant School District was alleged to be vicariously liable for the actions of the defendant teacher. The defendants were successful in having the claim dismissed against them.

• Bahinipaty v. Vancouver Coastal Health Authority (Vancouver General Hospital), 2019 BCSC 2112 – Kristal Low and Mario Checchia successfully acted on behalf of the defendant VCHA in dismissing the plaintiff’s action against it. In that case, the plaintiff had alleged medical negligence against the defendant’s health authority and staff, and a number of physicians involved in his care. The court dismissed the plaintiff’s action, finding that there was no evidence tendered by the plaintiff that there was any misdiagnosis or that VCHA had breached any standard of care in this case.

• Ehizode v. Ivanhoe Cambridge, 2018 BCPC 17 – Kristal Low and Hailee Chun (A/S) successfully acted on behalf of the defendant in dismissing the plaintiff’s action against it by enforcing the waiver/release. In that case, the plaintiff had suffered injuries when using gym equipment in the fitness center operated by the defendant. Prior to joining the gym, the plaintiff had executed a waiver/release, which barred the plaintiff from pursuing the defendant for any claims or damages. The court dismissed the plaintiff’s action, finding that the plaintiff was contractually barred from pursuing the claim.

• Simmons v Yeager Properties Inc., 2014 BCCA 201- Kristal Low successfully acted on behalf of the respondents/defendants in an appeal and cross-appeal. The appellant appealed on the trial judge’s finding of significant contributory negligence and the respondents cross-appealed seeking a dismissal of the plaintiff’s claim on the basis that the plaintiff had not established causation. The Court of Appeal dismissed the appeal and granted the cross-appeal advanced by Ms. Low. The Court held that the plaintiff had not established causation and the claim was dismissed.

• Simmons v Yeager Properties Inc., 2013 BCSC 889 – Kristal Low successfully acted on behalf of the defendants in apportioning 75% liability against the plaintiff. In this case, the plaintiff had tripped and fallen while traversing between a wooden patio to a concrete landing at a bakery. The court found that plaintiff was 75% contributory negligent because she had failed to keep a reasonable lookout for her own safety. 25% liability was found against the defendants for failing to maintain a warning sign, which had faded. The plaintiff filed an Appeal and the defendants filed a Cross-Appeal.

• Sigurdson v. Fraser Health Authority et al. WCAT-2013-00048 – Kristal Low successfully acted on behalf of the health authority in a section 257 application to the Workers Compensation Appeals Tribunal in declaring that the plaintiff was statutorily barred from pursuing his tort claim.

• Gill v. Fraser Health Authority et al, WCAT-2013-00448 – Kristal Low successfully acted on behalf of the health authority in a section 257 application to the Workers Compensation Appeals Tribunal in declaring that the plaintiff was statutorily barred from pursuing his tort claim.

• Moore v. British Columbia (Education), 2012 SCC 61 – Laura N Bakan, David J. Bell and Kristal Low acted on behalf of the defendant School District with respect to the plaintiff’s human rights complaint arising from the failure to accommodate his learning disability.

• Russell v. Interior Health Authority, BCSC Action 0422114, Prince George Registry (November 28, 2012) [unreported] – David J. Bell and Kristal Low acted on behalf of the health authority with respect to the plaintiff’s medical malpractice claim.

• Park v. ON Acupuncture, BCPC Action No. 11698, Port Coquitlam Registry (August 20, 2012) [unreported] – Kristal Low successfully acted on behalf of the defendants in dismissing the plaintiff’s claim of medical malpractice.

• Earl v. Providence Health Care Society dba Mount St. Joseph Hospital, BCPC Action No. 11-36303, Vancouver Registry (June 19, 2013 [unreported] – Kristal Low successfully acted on behalf of the defendant Providence Health Care Society in dismissing a claim that PHCS breached the claimant’s charter and privacy rights. The court agreed that the Charter did not apply PHCS because it was not a governmental actor and it was not engaged in activities that were governmental in nature. The court further agreed that there was no common law tort of privacy and as a result, ultimately found that the claimant had no cause of action against the defendant.

• Pattison College v. New York Institute of Technology, BCSC Action No. S094495, Vancouver Registry (November 4, 2009) [unreported]. Kristal Low successfully acted on behalf of the defendant in staying the action in British Columbia by asserting a forum selection clause argument.

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 “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

• Director of the Board of Directors for the Children of the Street Society (2009 to 2015)
• 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 (2013-2015)
• Pro Bono Lawyer – Access Pro Bono