Eric Dolden

Direct Line: (604) 891-0350
Fax: (604) 689-3777

Email: edolden@dolden.com

 

Areas of Practice

Directors' and Officers'
  Liability

Professional Liability
Employment Practices Liability
Coverage
Policy Wordings
Class Actions
Sexual Abuse
Fraud
Construction
Environmental

Recent Publications

Eliminating a "Leaky Building Case" in British Columbia: Six Year Contractual Limitation Periods Can Work

General Liability insurers in British Columbia do not have to defend on "leaky building lawsuits" if the insured is a general contractor: The Shifting Judicial Tide


Canadian Class Action Securities Claims: The Challenges for D & O Insurers

The New IBC Commercial General Liability Policy: Big Changes for the New Millenium

PROFILE

Eric Dolden is the firm's senior partner with nearly 30 years of experience in the field of insurance law. Eric has acted as counsel for liability and property insurers on some of the most challenging insurance cases in Canada, including the following select Supreme Court of Canada and BC Court of Appeal cases:

    o   the Supreme Court of Canada's decision concerning the "duty to defend" obligation in the context of a sexual abuse claim; Non-Marine Underwriters, Lloyd's of London v. Scalera, 2000 SCC 24

    o   the Supreme Court of Canada's decision as to whether the existence of insurance may be disclosed to a jury; Hamstra (Guardian ad litem of) v. British Columbia Rugby Union [1997] 1 S.C.R. 1092

    o   the Supreme Court of Canada's examination of whether an "All Risk" property insurance policy is a policy of "Fire Insurance" for the purpose of the Insurance Act; Churchland v. Gore Mutual Insurance Co., 2003 SCC 26

    o   the ambit of coverage for an insured's current and past undisclosed partnerships and joint venture activities in the context of a general liability policy: Kingsway General Insurance Co. v. Lougheed Enterprises Ltd., 2004 BCCA 421, 32 B.C.L.R. (4th) 56

    o   whether psychological harm amounts to bodily injury for the purpose of a D & O exclusion: Wellington Guarantee v. Evangelical Lutheran Church in Canada, [1996] 9 W.W.R. 373; leave to appeal to the Supreme Court of Canada refused, [1996] S.C.C.A. No. 322

    o   the method of allocation between the Directors and Officers and their uninsured company: Coronation Insurance Co. v. Clearly Canadian Beverage Corp. (1999), 168 D.L.R. (4th) 366 (B.C.C.A.)

    o   the Ontario Supreme Court’s decision as to whether defects in building construction constitute an “accident” or “property damage” for the purpose of a general liability policy: Russel Metals Inc. v. Ball Construction Inc. (2007), 55 C.C.L.I. (4th) 241

    o   the British Columbia Supreme Court decision concerning the application of the “absolute pollution” exclusion in a general liability policy in response to environmentally regulated contaminants: Dave’s K&K Sandblasting (1998) Ltd. v. Aviva Insurance Co. of Canada, [2007] 51 C.C.L.I. (4th) 229.

Eric is and a former Chairman of both the British Columbia Civil Litigation and National Civil Litigation Section of the Canadian Bar Association. Eric has served as contributing Editor of the International Insurance Law Review and the Canadian Insurance Law Review, a frequent speaker to industry groups, and an active member of the Defence Research Institute.

Please click here for Eric's comprehensive biography