Professional Background

Daniel Barber is an Associate in the Insurance, Construction, and Commercial Litigation Law Groups.  He specializes in the areas of insurance defence, professional liability, construction, and civil fraud.

Dan is a practical litigator who strives to solve his clients’ legal problems effectively and efficiently.

In his insurance work, Dan represents insureds in third party claims, defends first party coverage claims, prosecutes insurance fraud, and defends bad faith claims on behalf of insurers.  Dan assists his clients to successfully navigate through complex insurance claims including:

  • construction-industry professionals in liability claims
  • litigated construction claims
  • recovery of subrogated claims
  • resolution of disputes involving real property

Dan has appeared as counsel in both the Provincial and Supreme Court of British Columbia and regularly represents clients at chambers, trials, mediations and arbitrations.

Education

  • Bachelor of Arts, Honours, University of Ottawa: 2006
  • Juris Doctor, University of British Columbia: 2009
  • Called to the British Columbia Bar: 2010

Memberships

  • Member, Canadian Bar Association
  • Member, Vancouver Bar Association
  • Member-at-large, Vancouver Bar Association, 2012-2014
  • Secretary, Insurance Law Subsection of the B.C. Branch of the Canadian Bar Association, 2017 – present

Community + Volunteering

  • Volunteer lawyer, Law Students’ Legal Advice Program, 2010-
  • Captain, Singleton Urquhart softball and ski teams, 2010-
  • Reviewer, Dial-a-Law, 2013-2014

Representative Experience:

• Defended a professional liability claim against an engineer in the context of a run-of-the-river hydroelectric project in British Columbia.
• Defended a building subcontractor against claims of negligence arising from the fire loss of a multi-unit strata complex.
• Defended municipalities and commercial owners against claims of negligent design, on multiple occasions achieving resolution without any payment by his clients.
• Represented insurers in coverage matters and in matters involving allegations of the breach of the duty of good faith.
• Represented professional surveyors against claims of economic loss arising from allegations of negligent surveying of a multi-unit strata development.
• Represented formwork subcontractors to recover claims for delay and extras arising from the retrofitting of a historic concrete building.
• Recovered hundreds of thousands of dollars on behalf of institutional insurers in subrogated, fraud, and other recovery claims.
• Recovered hundreds of thousands of dollars on behalf of creditors, landlords, and professionals for a variety of debt claims.
• Conducted multiple trials, ranging in duration from three days to three weeks, in the Supreme Court of British Columbia as lead counsel and co-chair in matters including insurance defence, insurance coverage, fraud, and construction claims.
• Frequently resolved litigation using mediation, negotiation, and other alternative forms of dispute resolution.

Reported Decisions:

Insurance Corporation of British Columbia v. Mehat, 2017 BCSC 1476
Pearson v. Savage, 2017 BCSC 1435
CIT Financial Ltd. v. Insurance Corporation of British Columbia, 2017 BCSC 641
Schaffner v. Insurance Corporation of British Columbia, 2016 BCSC 1186
LeBel v. ICBC et al, 2016 BCPC 126
Schaffner v. Insurance Corporation of British Columbia, 2015 BCSC 314
Kett v. Insurance Corporation of BC, 2014 BCPC 173
Wallner v. Uppal, 2012 BCSC 1602
Maver v. Greenheat Energy Corporation, 2012 BCSC 1139
Kotscha v. Hospital of St. John of Jerusalem, 2011 BCSC 836

Publications

  • Claiming Litigation Privilege Before a Lawsuit Starts
  • Highlights of the New Limitation Act
  • The Rules Have Changed But Litigation Remains the Same
  • You can teach an old lawyer new rules?
  • Engage in Extreme Sports at Your Own Risk

Presentations

Dan has spoken on civil litigation topics to both business groups and the legal industry including:

  • Presenter, Canadian Defence Lawyers, Annual Paralegal Program, “The Clash: Using Summary Trial to Bring About Early Resolution”: 2016
  • Presenter, Better Business Bureau, Debt Collection: 2012 and 2013
  • Presenter, Small Business BC, Debt Collection: 2011