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RECENT ARTICLES/CASE STUDIES
- When can a broker bind an insurer? Navigating the relationship between broker and underwriter and the case of Deasan v. CNA
- Alberta Court Clarifies the Use of Circumstantial Evidence in Product Liability Trial
- Pipeline Predicaments: A Showdown of Environmental Liability in Alberta’s Court of Appeal
- “Social Host Liability” CBA Alberta Insurance Section Presentation
- Preparing for Trial: CBA Personal Injury Section Presentation
-
Alberta Court Refuses to Grant Indefinite Limitation Period for Environmental Liabilities
- The Crosby Effect: The Rise of Concussion, PTSD and Chronic Pain Awards in Canada
- Video: Presentation on Business Interruption Claims due to COVID-19
Partner David Pick, of Brownlee’s Calgary office, is an insurance lawyer representing specialty and property and casualty (P&C) insurers in both the domestic and international markets. His practice area mainly focuses on construction defects, professional liability, bad faith advice, errors and omissions (E&O), cyber claims and first party coverage disputes.
David also has an employment law practice, acting for municipalities as a member of Brownlee’s municipal practice group. He represents the firm’s municipal clients in employment matters – including collective bargaining sessions, grievance arbitrations and judicial review applications.
An instructor for the University of Calgary Trial Advocacy program, he also conducts insurance-related presentations – such as cyber liability, as one example – for insurance companies, risk managers and professional associations.
David, who has been practising insurance law from the time he started his career, brings considerable experience in court to his practice. “My goal is to effectively market myself as the go-to trial lawyer for insurance defense claims,” he says. “If you’ve got a file that needs to go to trial, I want to be the guy you think of.”
“I have a binder full of 24 years of written decisions that I take great pride in,” he says. “I’ve been in the Court of Appeal. I’ve had victories – I call them my palmares (a road cycling term, used to describe a significant record of achievement). If you’ve got a matter that really needs to go to trial and you’re not willing to settle or resolve it short of a trial, then you want a lawyer who’s got trial experience. I will take your case to court. I’ve had the experience of over 20 trials behind me – I know my way around a courtroom.”
Born and raised in Calgary, David earned a Bachelor of Arts degree in politics and history (Honours) in 1989, and a Bachelor of Laws degree (LL.B.) in 1992, both from Queen’s University. He was called to the bar in 1993 and two years later joined Brownlee, where he has spent most of his career.
David went to law school to be a trial lawyer. His passion is litigation: cross examining witnesses on the stand and engaging in legal discourse. “That’s what gets me up in the morning,” he says.
What makes a good lawyer?
“In one word, preparation,” David says. “It’s a lot of hard work, and the devil is in the details.”
His advice to first year associates and law students is to be aware of the considerable preparation and time that a law career requires. “Don’t go into the legal profession half-hearted – otherwise you may have a job, but you won’t have a career,” he says. “This is not a lifestyle career. There are a lot of sacrifices in order to make a good career for yourself, and to be a successful lawyer you’ve got to be prepared to give up a lot.”
Outside of his family life, David’s passion is road biking. He travels to Europe each year to cycle, and has ridden in the great mountain ranges of France, Spain and Italy, in the Alps, Pyrenees and Dolomites.
REPRESENTATIVE WORK
- Insurance Defence including Bad Faith Claims
- E&O
- D&O
- Environmental Liability
- Construction Defects and Professional Liability
- Secondary Area of Employment Law from a Management Side
MEMBERSHIPS
- The Advocates Society
- Canadian Bar Association
- Calgary Bar Association
- PLUS Canada
COMMUNITY
- Acted as a judge for the University of Calgary McGillivray moot competition in 2020 – 2023.
- Member of Alberta CNIB’s Strategic Leadership Council
- Member of Queen’s University Council, 2023-2027
- Sessional instructor for the University of Calgary Trial Advocacy program in 2019 – 2024.
WRITTEN DECISIONS
- ATCO Energy Solutions Ltd v Energy Dynamics Ltd, 2024 ABKB 162
(Products liability trial) - Terrigno v Farrell, 2023 ABKB 170
(Decision on mootness upheld by the Court of Appeal, as noted here) - Alston, et al., v. District of Foothills No. 31, 2023 ACNL 46 (40686)
(Leave to appeal to SCC dismissed) - Municipal District of Foothills No. 31 v Alston, 2023 ABCA 46
- Abbas v Esurance Insurance Company of Canada 2023 ABCA 36
- D’Andrea v Economical Mutual Insurance Company, 2022 ABCA 337
(Summary Trial on coverage provided under a SEF 44 Endorsement) - Paramount Resources Ltd v Grey Owl Engineering Ltd, 2022 ABQB 333
(Upheld on appeal, 2024 ABCA 60; summary dismissal of pipeline leak case on the basis of the 10 year drop-dead date and EPEA) - Delfs v. Stricker, 2022 BCSC 373
(Liability and damages trial for ATV accident; upheld by the Court of Appeal 2024 BCCA 35) - Prodaniuk v. Calgary (City), 2021 ABQB 906
(Summary judgment application to dismiss employee grievance as being beyond the jurisdiction of the court; upheld by the Court of Appeal 2023 ABCA 165) - Abbas v Esurance Insurance Company of Canada, 2021 ABQB 303
- (Plaintiff’s claim for disability benefits dismissed after finding of fraud)
- Wallace v. East Side City Church, 2019, unreported
(Sexual assault and confinement trial) - McElhone v. Indus School, 2019 ABCA 97
(Application to determine whether an IME can be conducted without limitations/conditions) - Torrance v. Calgary Catholic School District, 2017 ABQB 488
(Application to strike claim as an abuse of process)
WRITTEN DECISIONS
- Benc v. Parker, 2016 ABCA 82
(Appeal relating to the effect of a signed, but not filed, Form 37 to set a trial date) - Keyland Development Corporation v Rocky View (Municipal District No 44), 2016 ABQB 735
(Summary judgment in municipal road allowance case) - Bradford v. Snyder, 2015 ABQB 406, and 2016 ABCA 94
(Car v. cyclist liability trial and subsequent appeal) - Stefanyk v. First Capital, 2015, unreported
(Summary judgment in slip and fall case, Masters level) - Eisenberg v. Ten Peaks Capital Group, 2012 ABQB 545
(Summary judgment application on repayment of investment funds) - Benc v. Parker, 2012 ABCA 885
(Appeal of time limits for scheduling CEs under the MIR) - Wenzel v. Desanti, et al., 2011 ABCA 226
(Appeal of summary judgment application in social host liability case; leave to appeal to SCC dismissed) - Olchowy v. ING Insurance Company of Canada, 2011 ABQB 463
(Determination of competing SEF 44 coverages) - Kent v. Martin, 2011 ABQB 416
(Application to amend claim to plead fraud, conspiracy, etc.) - Kent v. Martin, 2010 ABQB 479
(Application to strike claim for breach of implied undertaking) - Tavakoli v. Junghans, 2010 ABCA 391
(Appeal from chronic pain trial) - Callahan v. MacDonald, 2009 ABQB 681
(Fraud trial)
WRITTEN DECISIONS
- Tavakoli v. Junghans, 2009 ABQB 756
(Chronic pain QB trial) - Davidson v. Calgary (City of), 2006 ABQB 801
(Judicial review of subdivision approval decision) - 376599 Alberta Inc. v. Tanshaw Products Inc., 2006 ABQB 470
(Costs decision following successful trial) - Yin v. Lewin, [2006] A.J. No. 670 (Q.B.), affirmed [2007] A.J. No. 1426 (C.A.)
(Charter challenge against constitutionality of the Alberta Jury Act) - Calica v. Nguyen, (2005) unreported
(Low speed impact damages trial) - County of Newell No. 4 & CUPE Local 1032, (2002) unreported
(Grievance arbitration) - CUPE Local 1032 v. County of Newell, [2000] A.G.A.A. No. 86
(Grievance arbitration (final ruling)) - County of Newell & CUPE Local 1032, [1999] A.J. No. 14
(Grievance arbitration (preliminary ruling)) - 376599 Alberta Inc. v. Tanshaw Products Inc., 2005 ABQB 300
(Products liability contribution and indemnity trial) - Duperron v. Markham et al., (unreported)
(Motor vehicle accident liability trial)
WRITTEN DECISIONS
- Dhaliwal v. Sandhu, [2004] A.J. No. 461
(Slip and fall liability trial) - Proulx v. Hunt, [2003] A.J. No. 1596
(Application to strike for failure to serve claim) - Herbert v. Manulife Financial, [2002] A.J. No. 1244
(Summary trial on proof of claim issue in disability case) - Al-Rekabi v. Guinn, [2002] A.J. No. 864
(Application for civil jury) - Gienow v. Sayers, [2001] A.J. No. 894
(Motor vehicle accident summary trial on issue of consent) - Thomas v. Manufacturers Life Insurance Co., [2001] A.J. No. 1753 (QL)
(Summary trial on disability limitation period) - Goodkey v. Canada Safeway Ltd., [2000] A.J. No. 503
(Slip and fall liability trial) - Link v. Nett, [2000] A.J. No. 381
(Motor vehicle accident liability trial) - Fiala v. Cechmanek, [1999] A.J. No. 749
(Motor vehicle accident liability trial) - Holland v. Brown, [1997] A.J. No. 1119
(Motor vehicle accident liability trial)
WRITTEN DECISIONS
- Boquist v. Town of Brooks, [1997] A.J. No. 838
(Constructive dismissal trial) - Multitech Warehuse Direct Inc., [1995] A.J. No. 663
(Application for leave to appeal under the Companies Creditor’s Arrangement Act)