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Janis D. McAfee
Direct Line: 604 891-0356
Fax: 604 689-3777
Email: jmcafee@dolden.com
Ms. McAfee is a partner at Dolden Wallace Folick LLP and has practiced exclusively in the area of insurance defence work for the past twenty years. Ms. McAfee frequently contributes to various insurance publications and presents on various topics to members of the insurance industry. In addition to articles for the firm's insurance newsletter, Ms. McAfee has authored articles for the International Insurance Law Review.
Property and Casualty
Ms. McAfee has worked with a number of insurers conducting the defence of negotiation of claims involving occupiers' liability, fire losses, cross-border auto, commercial liquor liability, products liability, fraud and complex personal injury. She has experience in providing coverage opinions, carriage of subrogation proceedings and has been involved in numerous successful mediations.
Ms. McAfee has provided cost effective legal services to a number of "self-insured" restaurant and grocery chains.
Complex Personal Injury Claims
Ms. McAfee is particularly interested in defending both brain injury and spinal cord injury claims. She has mediated and/or litigated against many of the members of British Columbia's Plaintiff's Bar. Ms. McAfee is a member of the Medical Legal Society and has litigation experience with many of our provinces medical experts.
Out of Province Auto
In the past Ms. McAfee acted for ICBC, but presently she restricts her practice to the defence of other Canadian and American auto insurers. She is very conversant with our provinces "no fault benefits" and the issues that arise when an insurer finds it necessary to deny coverage.
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Recent Publications
- Concurrent Cause: Derksen Revisited
- An Overview of the Workers' Compensation Act
- Misrepresentation in Insurance Applications and Material Change in Risk
- Coverage Issues Surrounding Sexual Abuse
- Liability in a "Toxic World": Sick Buildings, Multiple Chemical Sensitivity and Electromagnetic Frequency Claims
Life and Disability
Ms. McAfee acts for several different life and disability insurers. Over the years, she has both undertaken subrogation proceedings for recovery of disability benefits as well as defended claims for life payments in circumstances of accident, death and suicide.
Mediation
Ms. McAfee has completed training as a mediator.
Litigated Cases
The following are some of the cases which Ms. McAfee has litigated. Copies of the reasons are available upon request.
- Merana Dyke v. British Columbia Amateur Softball Association and British Columbia Amateur Softball Association carrying on business variously as Softball BC, Softball B.C. or Softball City (brain injury-summary trial);
- Jack Davis v. Shayne Charles and 415071 B.C INC. doing business Ocean Beach Hotel (summary trial-occupiers liability);
- Abram Thiessen v. Columbia Shuswap Regional District (occupiers liability);
- Surinder Kaur Sall and Surinder Kaur Sall Executrix of the Estate of Sucha Singh Sall v. Canada Life Assurance Company (accidental death claim);
- Jerry Richard Kapchinksy v. Mike Bard, Nelson Place Hotel Ltd. and A.J.R Enterprises (enforcement of settlement);
- Mario Smaldino v. Robert Calla, Annunziata Calla, Robert Bryson, David Heeter and Cindy Heeter (MVA);
- Stella Charalambidis v. David Brian Moen (MVA);
- Kumikker Singh Rangi and Gill Insurance Services Company Ltd. v. Jerry S. Adler (dismissal for want of prosecution);
- Brett & Mockler v. Sun Free Enterprises Ltd. (accounting negligence);
- Harry Busby v. Hotel Grand Pacific Limited (occupiers liability-summary trial);
- Christine Louise Caux v. Michael Jason Lee-Reid (MVA);
- Olga McFarland v. McDonald's Restaurants of Canada Ltd. (occupiers liability-summary trial);
- Sandra Wagner and Lloyds Wagner v. Commercial Union Assurance Company of Canada, et al. (limitation period);
- Monique Rachel Alexandria Marie Houston v. McDonald's Restaurants of Canada Limited and Mickey J's Enterprises Ltd. (occupiers liability summary trial);
- David Lee Lomax v. Larry Martins Weins (accident benefits);
- Germaine Monica Gagne v. Jean Fourneau Sr. and Forneau Enterprises Ltd. (occupiers liability-summary trial)
- Mitchell Van Hartevelt v. Gurcharn Grewal and Harinferjit Grewal (occupiers liability);
- Sage Robson v. Trial Bay Developments Ltd. (occupiers liability).
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