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.
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.
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.
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”.
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.
Mr. Rhodes has undertaken investigations on behalf of insurers to determine the existence and scope 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 and bankruptcy trustees.
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.
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).
Professional Affiliations and Memberships
- Called to the British Columbia Bar, 1991
- Called to the Northwest Territories Bar, 2010
- University of British Columbia (BA, 1987)
- Dalhousie University (LLB, 1990)
- Program of Instruction for Lawyers – Mediation Workshop, Harvard University (2010)
- Adjunct Professor, University of British Columbia Law School (2013 – present)
- Past Executive Committee Member, Vancouver Bar Association
- Member of the insurance, construction and civil litigation sections of the Canadian Bar Association
- Past Committee Member CBABC Business of Law Committee