Brian Rhodes

Mr. Rhodes is a partner at Dolden Wallace Folick LLP and practices exclusively insurance law. He has appeared as counsel at all levels of court in British Columbia and Alberta, as well as the Ontario Superior Court and the Supreme Court of Yukon. Brian’s practice has a particular emphasis on construction law, professional liability, and product liability.

Brian has been peer-reviewed and recognized by Lexpert as one of Canada’s Leading Practitioners in the area of commercial insurance litigation.

Brian has also been peer-reviewed and selected for inclusion in the 15th Edition of The Best Lawyers in Canada for his work in Construction Law, and Insurance Law.

Mr. Rhodes’ representative work includes:

Defence of Professionals

Mr. Rhodes has represented numerous professionals including lawyers, architects and engineers of various disciplines in cases involving claims of alleged negligence in the performance of their professional responsibilities. These cases require Mr. Rhodes to work closely with the professional to determine the scope and quality of services provided by the professional, and to liaise with experts to mount effective defences to the claims.

Construction Law

Mr. Rhodes has defended municipalities, developers, warranty-providers and all manner of construction site participants including roofing contractors, electrical contractors, insulation subtrades, railing installers, masonry contractors and component manufacturers in numerous multi-party actions. Defence of the actions involved liaising with experts for the purpose of assessing potential liability, quantifying the claim against the insured and developing a defence strategy that would allow for efficient resolution of the action.

Products Liability/Negligence

Mr. Rhodes has prosecuted subrogated actions against designers, installers and component manufacturers involved in losses at heavy-industry sites. The losses involved severe property damage and business interruption.

Directors’ and Officers’ Liability

Mr.Rhodes has advised and represented directors on “due diligence” matters required for securities, environmental and employment legislation, represented directors in connection with corporate claims alleging misuse of a “corporate opportunity” and has represented both corporations and directors on claims alleging “oppression” or “unfairly prejudicial conduct”.

Amateur Sport

Mr. Rhodes has represented amateur sporting associations in cases involving claims for bodily injury suffered by plaintiffs while participating in sporting activities or while on association premises. In these cases Mr. Rhodes has used mediation and summary trial procedures to obtain favourable results for his clients.

Fraud

Mr. Rhodes has undertaken investigations on behalf of insurers to determine the existence andscope of fraud, in order to permit insurers to make proper, informed coverage decisions. These investigations have required Mr. Rhodes to liaise with commercial crime investigators andbankruptcy trustees.

Professional Discipline

Mr. Rhodes has experience representing professionals in discipline proceedings before governing bodies. Mr. Rhodes gains a thorough understanding of the applicable regulatory framework, carefully tests all allegations of misconduct and works closely with his client and Association counsel to ensure that the professional is treated fairly by the regulator.

Recognitions:

• Canadian Legal Lexpert Directory: repeatedly recommended as a Leading Practitioner for commercial insurance litigation.
• The Best Lawyers In Canada, 15th Edition: recognized and selected for inclusion for work in Construction Law, and Insurance Law

Articles and Speaking Engagements:

• Co-author of “The Insurer’s Remedies on First Party Property Losses: Misrepresentation,Warranties, Missing Terms and Limitation Periods”.
• “Update on British Columbia’s Leaky Condo Lawsuits: The Effect of Swagger Construction Ltd.v. ING Insurance Company of Canada et al”.
• Dolden Wallace Folick LLP Insurance Law Update “Adjusters are Agents of the Insured in Retaining Remediation Contractors”.
• “Amending the Standard Forms of Professional Services Contracts”
• “Solicitor-Client Privilege and Litigation Privilege – What is Exempt from Disclosure, and for How Long?”
• “Insurance Broker Liability Claims: How to Avoid Getting Caught in the Middle” (for the Insurance Institute of British Columbia).
• “Home Warranties: The Legislative Scheme, Lessons Learned and Comments on Recovery Proceedings” (for Aviva Insurance Company and National Home Warranty Group).