Janis McAfee

Janis McAfee

Janis McAfee

Ms. McAfee has practiced exclusively in the area of insurance defence work for more than twenty years. She 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 and the Canadian Independent Adjuster, Ms. McAfee has authored articles for the International Insurance Law Review and presented to the Lloyds Market Association.

Complex Personal Injury Claims

  • Particularly interested in defending both brain injury and spinal cord injury claims, mediated and/or litigated against many of the members of British Columbia’s Plaintiff’s Bar, has had litigation experience with many of our provinces medical experts.
  • Has provided cost effective legal services to a number of “self-insured” restaurant and grocery chains.
  • Defence of Civil Sexual Assault Claims

Out of Province and Excess Auto

  • In the past acted for ICBC, but presently restricts her practice to the defence of other Canadian and American auto insurers including excess auto insurers, very conversant with our provinces “no fault benefits”, Under Insured Motorist provisions and the issues that arise when an insurer finds it necessary to deny coverage.

Sport and Recreational Liability

  • Particular interest in defending recreational sporting organizations. See Dyke v. B.C. Amateur decision below.

Professional Liability

    • Defending professional liability claims against realtors
    • Represents dentists & other medical professionals in professional negligence claims
    • Defending professional liability claims against insurance brokers
    • Defending professional liability claims against lawyers

Life and Disability

      • Acts for life and disability insurers, undertaken subrogation proceedings for recovery of disability benefits as well as defended claims for life payments in circumstances of accident, death and suicide.

Trial Decisions

The following are some of the cases which Ms. McAfee has litigated.  Copies of the reasons are available upon request.

      • Newsham v. Canwest Trade Shows Inc. (occupiers liability)
      • Marena 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 Theissen 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 Harinderjit Grewal (occupiers liability);
      • Sage Robson v. Trail Bay Developments Ltd. (occupiers liability).

Professional Affiliations and Memberships

      • Called to the British Columbia Bar, 1991
      • Completed training as Mediator
      • Medical Legal Society

Publications

      • Enforcing Mandatory Rehabilitation Clauses;
      • Concurrent Cause: Derksen Revisisted;
      • Overview of the Workers’ Compensation Act;
      • A Practical Guide to Subrogated Recovery of Disability Benefits;
      • Misrepresentation in Insurance Applications and Material Change in Risk;
      • Coverage Issues Surrounding Sexual Abuse; and
      • Liability in a “Toxic World”: Sick Buildings, Multiple Chemical Sensitivity and Electromagnetic Frequency Claims;

Off-premises Liquor Liability: OverviewThomson Reuters, 2015

Janis McAfee's practice areas include:

 

Complex Personal Injury

Occupiers’ Liability

Property Damage

Liquor Liability

Sports and Recreational Liability

Transportation Liability

Life & Disability

Professional Liability

Excess and Cross Border Auto

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