Kristal practices in the area of general commercial and insurance litigation, including the defence of health authorities, school districts, municipalities, professionals, and businesses. Her practice includes health law, medical malpractice, personal injury, property damage, occupiers’ liability matters, human rights and employment law matters. 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 spent a year clerking for six Justices at the Supreme Court of British Columbia. She completed her articles at a large downtown firm and practiced there for a short period before joining a downtown commercial/employment litigation boutique. Kristal was called to the B.C. Bar in 2008 and joined Guild Yule LLP in the spring of 2010.
Outside of law, Kristal enjoys traveling, oil painting, music and spending time with her family.
• 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 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 pursing 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 pursing 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 pursing 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.
• Defence and pre litigation counsel to employers in claims of alleged wrongful dismissal.
• Defence of health authorities (hospitals and nurses) in claims of alleged medical malpractice.
• Defence of municipalities in respect of personal injuries sustained on city property.
• Defence of school districts in claims arising out of alleged negligence.
• Defence of commercial businesses and acting on behalf of private insurance companies regarding occupiers’ liability, construction, products liability, etc.
• 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
• Member, Law Society of British Columbia (2008 – present)
• Member, Canadian Bar Association, B.C. Branch – Civil Litigation (2008 – present)
• Member, Medical Legal Society of British Columbia (2010 – present)
• Member, Canadian Bar Association, B.C. Branch – Insurance Law (2010 – present)
• 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” April2019, 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
• 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)
• Director of the Board of Directors for the Children of the Street Society (2009 to 2015)