Tricia Milne

Associate

She/Her

Tricia is a very detail oriented, inquisitive, and experienced litigator known for her ability to devise practical solutions to difficult problems.

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604.895.2931
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Biography

Tricia maintains a busy practice focused on commercial litigation and insurance law. In this context, Tricia pursues legal remedies in the context of civil fraud, conspiracy and conversion claims. Her collaborative approach coupled with her excellent analytical abilities, skill in working with witnesses, the police, investigative organizations and Crown Counsel have contributed to many successful results in both judge and jury trials and to negotiated settlements. She has also acted as defence counsel in coverage claims involving allegations of theft and fraud.

Tricia obtained her Bachelor of Arts degree in Communication from Simon Fraser University and thereafter worked in Vancouver in forestry consulting as an editor and project administrator. In 1999 she moved to Edmonton to attend law school at the University of Alberta and received her LL.B. in 2002. Tricia articled with Alberta Justice in Calgary gaining experience in all facets of criminal law, as well as family and civil law, and was called to the Alberta bar in 2003.

Tricia began her litigation career in Calgary as a Crown Prosecutor, prosecuting a wide range of criminal and regulatory offences in both the Provincial Court and the Court of Queen’s Bench. In 2006, she moved back to British Columbia, where she was born and raised. She was called to the British Columbia Bar in September 2006 and honed her civil litigation skills at a regional Vancouver law firm.

Assistance Team
Paralegal

Monika Vaneckova

Paralegal

604-895-2926

[email protected] Contact by email
Expertise
Commercial Litigation Insurance Law
Education

  • University of Alberta, LL.B., 2002

  • Simon Fraser University, B.A.,1994

Bar Admission
  • British Columbia, 2006
  • Alberta, 2003
Languages spoken
  • English
Experience
Representative cases include:

  • High profile prosecution on behalf of ICBC to recover damages caused by Stanley Cup rioters: ICBC v. Stanley Cup Rioters, 2016 BCSC 1108.

  • Fraud recovery on behalf of BC Hydro and Power Authority. Acted as second counsel in jury trial that resulted in recoupment of special damages and $200,000 award of punitive damages: BC Hydro and Power Authority v. Heathcote, unreported (July 9, 2015).

  • Large-scale, multi-action, fraud recovery on behalf of ICBC involving claims of conspiracy and conversion that resulted in significant damage awards against almost 100 defendants: ICBC v. Ben-Jafaar, 2011 BCSC 1106; ICBC v. Atwal, 2010 BCSC 338.

  • Defence of insurance coverage claims involving allegations of fraud: ICBC v. Singh, 2017 BCSC 967; Singh v. ICBC, 2014 BCSC 797; 0724969 BC Ltd. v. ICBC, 2010 BCSC 662.

  • Successfully prosecuted accused for aggravated assault involving life-threatening stab wound: R. v. Bazinet, unreported (January 18, 2005), Calgary, Court of Queen’s Bench; R. v. Bazinet, 2005 CarswellAlta 2112 (ABQB), varied 2005 ABCA 388. (Alberta Justice)

  • Participated as Crown counsel, second chair, on high profile prosecution of egregious aggravated assault of homeless, First Nations person: v. Hilderman, 2004 ABQB 864, and R. v. Hilderman, 2005 ABQB 106. (Alberta Justice)

Professional Credentials
Leadership
  • Life in Law, Guest Blogger
Memberships
  • Canadian Bar Association, Member: BC Branch
  • The Law Society of Alberta, Member
  • The Law Society of British Columbia, Member

Get in touch with

Tricia Milne

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604.895.2931

The Latest

Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured
Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured Insurance Law Blog Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured by Tricia Milne
February 27, 2024
Court paves path for pro rata distribution in insurance dispute with several claimants
Court paves path for pro rata distribution in insurance dispute with several claimants Insurance Law Blog Court paves path for pro rata distribution in insurance dispute with several claimants by Tricia Milne
September 27, 2023
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” Insurance Law Blog The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” by Tricia Milne
April 11, 2023
Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same
Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same Insurance Law Blog Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same by Tricia Milne
September 13, 2022
Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim
Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim Insurance Law Blog Limitation period in SEF Family Protection Endorsement does not commence until final judgment or settlement of underlying claim by Tricia Milne
May 10, 2022
Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture
Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture Insurance Law Blog Failure to submit formal application for Long Term Disability under policy amounts to imperfect compliance rather than non-compliance and thus plaintiff’s was entitled to relief from forfeiture by Tricia Milne
January 24, 2022
Insurer’s statutory right to an examination under oath authorizes an insurer to obtain information relevant to assessing its contractual obligations; it is not intended to permit insurers to embark on fishing expeditions or “take blind shots in the dark.”
Insurer’s statutory right to an examination under oath authorizes an insurer to obtain information relevant to assessing its contractual obligations; it is not intended to permit insurers to embark on fishing expeditions or “take blind shots in the dark.” Insurance Law Blog Insurer’s statutory right to an examination under oath authorizes an insurer to obtain information relevant to assessing its contractual obligations; it is not intended to permit insurers to embark on fishing expeditions or “take blind shots in the dark.” by Tricia Milne
January 24, 2022
Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints
Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints Insurance Law Blog Court of Appeal finds ordinary meaning of “sudden and accidental” in insurance policy to be something that was “abrupt, unexpected and unintentional” and not bound by temporal constraints by Tricia Milne
August 10, 2021
Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards
Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards Insurance Law Blog Punitive damages not necessary where fraudsters sufficiently punished by damages and costs awards by Tricia Milne
March 9, 2021
Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices
Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices Insurance Law Blog Court refuses to enforce binding settlement because of misapprehension partially caused by pandemic changes to business practices by Tricia Milne
March 9, 2021
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Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured
Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured Insurance Law Blog Court of Appeal upholds $1.5M punitive damages award against disability insurer for bad faith as well as trial judge’s order of full indemnity costs to insured by Tricia Milne
February 27, 2024
Court paves path for pro rata distribution in insurance dispute with several claimants
Court paves path for pro rata distribution in insurance dispute with several claimants Insurance Law Blog Court paves path for pro rata distribution in insurance dispute with several claimants by Tricia Milne
September 27, 2023
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling”
The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” Insurance Law Blog The words “within your dwelling” in an insurance policy are not synonymous with “inside your dwelling” by Tricia Milne
April 11, 2023
Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same
Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same Insurance Law Blog Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same by Tricia Milne
September 13, 2022