DAVID M. PICK partner

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403.260.5303

dpick@brownleelaw.com

 David Pick

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RECENT ARTICLES/CASE STUDIES

The Crosby Effect: The Rise of Concussion, PTSD and Chronic Pain Awards in Canada

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.”

Looking forward, David sees Brownlee expanding its presence in Calgary to the same extent that it’s reached in Edmonton, with the firm growing its Calgary office by another five legal team members to reach approximately 20 lawyers by 2021. And he wants Brownlee to continue developing the lawyers it already has, “making this a fertile environment for young people to succeed in the profession.”

In terms of his own career goals, David’s objective is to do more trials. “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.” David has also served as a guest instructor and judge for the University of Calgary Law School Trial Advocacy program in 2019.

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

  • Canadian Bar Association
  • Calgary Bar Association
  • PLUS Canada

COMMUNITY

  • Acted as a judge for the University of Calgary McGillivray moot competition.
  • Sessional instructor for the University of Calgary Trial Advocacy program in 2019 and 2020.

WRITTEN DECISIONS

  • Multitech Warehuse Direct Inc., [1995] A.J. No. 663
    (Application for leave to appeal under the Companies Creditor’s Arrangement Act)
  • Boquist v. Town of Brooks, [1997] A.J. No. 838
    (Constructive dismissal trial)
  • Holland v. Brown, [1997] A.J. No. 1119
    (Motor vehicle accident liability trial)
  • Fiala v. Cechmanek, [1999] A.J. No. 749
    (Motor vehicle accident liability trial)
  • Link v. Nett, [2000] A.J. No. 381
    (Motor vehicle accident liability trial)
  • Goodkey v. Canada Safeway Ltd., [2000] A.J. No. 503
    (Slip and fall liability trial)
  • Thomas v. Manufacturers Life Insurance Co., [2001] A.J. No. 1753
    (Summary trial on disability limitation period)
  • Gienow v. Sayers, [2001] A.J. No. 894
    (Motor vehicle accident summary trial on issue of consent)
  • Al-Rekabi v. Guinn, [2002] A.J. No. 864
    (Application for civil jury)
  • Herbert v. Manulife Financial, [2002] A.J. No. 1244
    (Summary trial on proof of claim issue in disability case)

WRITTEN DECISIONS

  • Proulx v. Hunt, [2003] A.J. No. 1596
    (Application to strike for failure to serve claim)
  • Dhaliwal v. Sandhu, [2004] A.J. No. 461
    (Slip and fall liability trial)
  • Duperron v. Markham et al., (unreported)
    (Motor vehicle accident liability trial)
  • 376599 Alberta Inc. v. Tanshaw Products Inc., [2005] A.B.Q.B. 300
    (Products liability contribution and indemnity trial)
  • County of Newell & CUPE Local 1032, [1999] A.J. No. 14
    (Grievance arbitration (preliminary ruling))
  • CUPE Local 1032 v. County of Newell, [2000] A.G.A.A. No. 86
    (Grievance arbitration (final ruling))
  • County of Newell No. 4 & CUPE Local 1032, (2002) unreported
    (Grievance arbitration)
  • Calica v. Nguyen, (2005) unreported
    (Low speed impact damages 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)
  • 376599 Alberta Inc. v. Tanshaw Products Inc., 2006 ABQB 470
    (Costs decision following successful trial)

WRITTEN DECISIONS

  • Davidson v. City of Calgary, 2006 ABQB 801
    (Judicial review of subdivision approval decision)
  • Tavakoli v. Junghans, 2009 ABQB 756
    (Chronic pain QB trial)
  • Tavakoli v. Junghans, 2010 ABCA 391
    (Appeal from chronic pain trial)
  • Callahan v. MacDonald, 2009 ABQB 681
    (Fraud trial)
  • Kent v. Robidoux et al., 2010 ABQB 479
    (Application to strike claim for breach of implied undertaking)
  • Kent v. Martin, National Post et al., 2011 ABQB 416
    (Application to amend claim to plead fraud, conspiracy, etc.)
  • Olchowy v. Markel Insurance, 2011 ABQB 463
    (Determination of competing SEF 44 coverages)
  • Wenzel v. Desanti, et al., 2011 ABCA 226
    (Appeal of summary judgment application in social host liability case; leave to appeal to SCC dismissed)
  • Benc v. Parker, 2012 ABCA 885
    (Appeal of time limits for scheduling CEs under the MIR)
  • Eisenberg v. Ten Peaks Capital Group, 2012 ABQB 545
    (Summary judgment application on repayment of investment funds)

WRITTEN DECISIONS

  • Stefanyk v. First Capital, 2015, unreported
    (Summary Judgment in slip and fall case, Masters level)
  • Bradford v. Snyder, 2015 ABQB 406, 2016 ABCA 94
    (Car v. Cyclist liability trial and subsequent appeal)
  • Keyland Development v. Municipal District of Rocky View, 2016 ABQB 735
    (Summary Judgment in municipal road allowance case)
  • Benc v. Parker, 2016 ABCA 82
    (Appeal relating to the effect of a signed, but not filed, Form 37 to set a trial date)
  • Torrance v. Calgary Catholic School District, 2017 ABQB 488
    (Application to strike claim as an abuse of process)
  • McElhone v. Indus School, 2019 ABCA 97
    (Application to determine whether an IME can be conducted without limitations/conditions)
  • Wallace v. East Side City Church, 2019, unreported
    (Sexual assault and confinement trial)

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