Ben Flanagan

Ben Flanagan

Ben is a barrister practicing insurance defence litigation. He has defended insurers and self-insured organizations his entire career. Ben spends more time in the courtroom than many lawyers and has had considerable success at the Superior Court and Court of Appeal levels. He is called to the bar in Ontario (2013), Alberta (2017) and British Columbia (2020).

Ben has been appointed lead counsel in a vast array of subject areas including construction cases, privacy and freedom of information disputes, commercial host/occupier’s liability, professional negligence, fraud and complex bodily injury cases.  He has particular expertise in the following areas:

Privacy and Cyber Liability

Ben is member of the firm’s Cyber and Privacy Liability Practice Group. He has represented clients in disputes involving privacy commissioners at the judicial review stage in Superior Court.  Ben also acts as legal counsel and breach coach for insureds in the event of privacy breaches, and advises them on privacy and freedom of information issues.

Insurance Coverage

Ben is a member of the firm’s COVID-19 coverage group. He also provides coverage opinions on commercial, homeowners’, D&O and E&O policies. He has provided advice on a range of issues including material change in risk, misrepresentation, warranty breaches and exclusions, among others.

Property Damage

Ben acts for insurers on all manner of first-party property claims, including arson and fraud cases.  He works with experts to investigate, assess and defend suspicious claims, and those which raise complex causation issues.

Construction

Ben has experience defending contractors and developers. He identifies and works with the appropriate experts to defend cases of all sizes and complexity levels, from large condominium and commercial buildings to single family homes.

Occupier’s Liability

Ben has defended hundreds of occupier’s liability cases across Canada. He prepares every file as if it is going to trial, but his goal is to resolve each dispute early and economically.

Administrative Law Disputes (Judicial Review)

Ben has been appointed lead counsel in an array of administrative and regulatory disputes. When a government actor makes a decision or purports to exercise public authority, the decision may be challenged in Superior Court through judicial review.  Ben has argued numerous applications for judicial review on matters ranging from freedom of information and privacy to gaming licensing.

Representative Decisions

Ben prefers to be on his feet and is passionate about effective courtroom advocacy. He has been an invited guest lecturer at his alma mater, the University of Alberta, and he frequently presents to industry on civil litigation topics. He has also served as a judge for law school moots.

Highlights from recent years include:

Anglin v Resler, 2020 ABCA 184

This appeal dealt with the Crown’s vicarious liability for its officers and agents.

De Vos v Alberta (Transportation), 2020 ABQB 234

Successful striking application on the basis that the defendant, Alberta Transportation, did not owe a duty of care. Furthermore, that plaintiff’s “complaints” did not rise to the level of compensable “personal injury” at law.

Edmonton Police Service v Alberta (Privacy Commissioner), 2020 ABQB 10

Privacy case dealing with Alberta’s FOIP Act, and solicitor-client privilege.

Trach v Alberta (Transportation Safety Board), 2020 ABQB 21

Operator’s licence suspension case.

Wang v Alberta (Justice), 2019 ABCA 507

Appointed appellate counsel after trial counsel failed to plead Limitations Act.

Alberta v Mohamed, 2018 ABQB 897

Property case that involved proceeds of crime.

Prystay v Alberta, 2018 ABQB 197

Defended a challenge to the placement of a provincial inmate in segregation for over one year.

Elmi v State Farm, 2016 CarswellOnt 5274

Motor vehicle claim that considered the meaning of the word “accident” for Ontario auto claims.

Qasimi v State Farm, 2015 CarswellOnt 17262

Arbitration decision on a first-party benefits claim under the Ontario auto policy.

Dervisholli v Cervenak, 2015 ONSC 2286.

Case on the obligation of insurers to maintain “firewalls” between first- and third-party claims.

 

Ben Flanagan's practice areas include:

 

Occupiers’ Liability

Property Damage

Class Action Defence

Commercial General Liability

Construction

Coverage

COVID-19

Cyber and Privacy Liability

Directors and Officers Liability

Municipal Liability

Product Liability

Professional Liability

Property Specialty

Regulatory and Administrative Liability

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