David Pilley

Partner

He/Him

David maintains a busy and complex practice spanning health, insurance, bankruptcy, and commercial law.

604.895.2834

[email protected]

Biography

With nearly thirty-five years of experience, David is recognized as a leader in his field. His practice is focused primarily on the defence of physicians in civil and administrative matters.

In his insurance practice, David’s focus on cases involving allegations of Bad Faith. He also has experience in commercial litigation and bankruptcy law.

David has appeared at all levels of court in British Columbia and has represented clients at inquests and other administrative proceedings.

Assistance Team

Ann Has

Legal Administrative Assistant

[email protected] Contact by email

Expertise

Health Law Insurance Law Professional Regulation

Education

University of British Columbia, LL.B., 1989
University of British Columbia, B.Comm., 1986

Bar Admission

British Columbia, 1990

Languages spoken

English

Experience

Health Law

David has successfully defended physicians in the following matters:

Alleged wrongful certification under the Mental Health Act, Mullins v. Levy et al
An allegation of negligent obstetrical care, Mikhail v. Odulio et al
An allegation that a surgeon caused nerve damage to the plaintiff’s lower leg during surgery, MacNeil v. Younger
Alleged delay of diagnosis of appendicitis, Ewart v. Hogan
Alleged failure to diagnose adult onset of Still’s Disease, Shannahan v. Johnson
Alleged vascular injury occurring during gall bladder removal surgery, Brock v. Anderson
Alleged fault for spinal surgery complication, Austin v. Joaquin
Alleged failure to certify under the Mental Health Act, Briante (Litigation guardian of) v. Vancouver Island Health Authority
Alleged failure to perform correct surgery, Cochran v. Hunter
Allegation of fault relating to psychiatric medication, Chancey v. McKinstry
Alleged failure in reporting on radiological studies, Drage v. Page
Alleged defamation, Fairview Management Services Ltd. V. Ryeburn

Insurance Law

David has represented insurers and their insureds in a number of matters, including:

Allegation of occupiers liability, Sheridan v. Donschenko
Allegation of brain injury and other injuries following a motor vehicle accident, Karim v. Sangha
Alleged wrongful breach by an insurer, Oughton v. Insurance Corp. of British Columbia
Allegation of a wrongful failure to transfer title to a vehicle, Yu v. Insurance Corp. of British Columbia
Allegation of wrongful denial of coverage under a homeowner’s policy, Peebles v. Wawanesa Mutual Insurance Co.

Commercial Law

David has successfully represented a number of clients in commercial litigation. This representation has included:

Defended an appeal from commercial arbitration award, Hanna Collision Repair (1984) Ltd. v. Insurance Corp. of British Columbia
Successfully upheld the constitutionality of a municipal gravel levy (as co-counsel), Coquitlam (City) v. Construction Aggregates Ltd.
Enforcement of a commercial option to purchase, Inland Shake and Shingle Ltd. v. Janbar Enterprises Ltd.

Bankruptcy Law

David has handled many cases on behalf of the Insurance Corporation of BC in which it sought to recover debt from bankrupt individuals, many of whom were alleged to have committed criminal acts or fraud. He has been successful in obtaining orders that such debt survive bankruptcy. His cases include:

Re Thompson
Re Schmidt
Re Sidhu
Re Diaz

Professional Credentials

Leadership

Contemporary Canadian Insurance Law Casebook, Published by LexisNexis® Canada, Contributing Author (2015)
Harper Grey Canadian Insurance Law Blog, Editor and Contributing Author
Harper Grey Insurance Law Update Newsletter, Contributing Author
Harper Grey Mentoring Program, Mentor
Harper Grey Practice Management Committee, Past Member
LexisNexis® Harper Grey Insurance Law Netletter™, Contributing Author
Medical-Legal Society of BC, Member and Former Board Member

Memberships