Andrew is a partner at Dolden Wallace Folick LLP with a practice devoted to insurance law. His practice is focused on insurance defence litigation covering a variety of matters including construction claims, professional liability, product liability, property damage, personal injury, occupier’s liability, liquor liability and coverage matters. Mr. Breen also advances subrogated claims on behalf of insurers, including with respect to fire losses, flooding and construction deficiencies. He has represented clients in court proceedings in Ontario, Alberta and British Columbia, and has appeared before the British Columbia Human Rights Tribunal.
Mr. Breen’s representative work includes:
Mr. Breen has represented numerous professionals including dentists, architects, engineers, contractors and building inspectors in cases involving claims of alleged negligence in the performance of their professional responsibilities. These cases required Mr. Breen to work closely with the professional to determine the scope and quality of services provided by the professional and to retain experts in the relevant field of expertise to defend such claims.
Mr. Breen has defended owners, developers, general contractors, subcontractors, architects, engineers and design professionals in all manner of construction claims, with a particular emphasis on complex construction matters involving property damage. His experience includes matters relating to leaky condominiums, retaining wall failures, building settlement, pipe failures, defects in construction, and damage caused by blasting. Many of these claims have involved allegations of substandard design, inspection or construction of residential and commercial buildings.
Mr. Breen has acted for manufacturers or suppliers of products alleged to be deficient in design or construction, and to be the wrongful cause of damage to property or personal injury, including construction equipment, consumer goods, industrial equipment and electrical components. He has also acted for insurers in prosecuting subrogated claims against the manufacturers and suppliers of such products.
Mr. Breen has defended landlords, tenants, contractors and municipalities in respect of occupiers’ liability claims involving bodily injury, including matters relating to commercial and residential properties. These cases required Mr. Breen to liaise with standard of care and medical experts to assess potential liability, quantify the claim and develop a defence strategy that would lead to the efficient resolution of the action.
Mr. Breen has acted for insurers in the prosecution of numerous subrogated claims, including fire, flood, construction and other property losses, as well as business interruption claims.
Liquor/Commercial Host Liability
Mr. Breen has represented commercial hosts and other providers of alcohol, such as restaurants, nightclubs, bars and pubs, in a variety personal injury claims. He has defended liquor providers and commercial hosts in claims relating to motor vehicle accidents, assaults and forcible ejections.
Mr. Breen has acted for insurers with respect to first party claims brought by their insureds in relation to coverage disputes and has advised insurers on coverage matters.
Mr. Breen has acted for strata corporations in all manner of claims under the Strata Property Act, and has appeared before the Human Rights Tribunal to defend claims for discrimination brought by owners again their strata corporation.
Professional Affiliations and Memberships
- Called to British Columbia Bar, 2007
- Canadian Bar Association
- Vancouver Bar Association
Mr. Breen has presented or co-presented to clients and insurance industry professionals on the following topics:
- CGL Policies: The Impact of Progressive Homes
- Recent Developments Involving the COC/Builders’ Risk Policy – March 2016 (B.C. Society of Fellows)
- Occupiers Liability: Principles and Practical Implications – October 2016 (B.C. Society of Fellows)
- Strata Repairs: Who Pays for Them? – June 2017 (CUISA – Credit Union Insurance Services Association)
- Trending Topics in Tort Law – November 2017 (Insurance Institute of B.C.)
- Recent Trends in Insurance Law: Hot Topics in Insurance Law
- Construction Losses: Determining Applicability & Priority of CGL, Builder’s Risk and Wrap Up Liability Policies
- Defending Construction Claims: A Review of Contractual Defences – May 2018 (B.C. Society of Fellows)
- Update on Construction Professionals E&O in Canada
- The Impact of Covid-19 on Litigation and Risk Management – December 2020 (Insurance Institute of B.C.)