Guy is a senior civil litigation partner with Harper Grey LLP and has an extensive trial, appellate and administrative law practice. He is peer-reviewed and listed as a Leading Practitioner in the field of personal injury defense.
He has appeared at all levels of court in British Columbia and the Supreme Court of Canada, as well as at hearings held by the College of Physicians and Surgeons and the Medical Services Commission.
Guy has had a general insurance practice involving personal injury, professional negligence and products liability. His current practice focuses on medical and dental malpractice, opinions and litigation involving coverage and technical issues in insurance law, serious personal injury claims, and representation of physicians involved in audit proceedings before the Medical Services Commission.
Representative Client Work
Professional Negligence
- Goodwin v. Brady (1991), 7 C.C.L.T. (2d) 319 (B.C.S.C.), affmd (1994), 41 B.C.A.C.147, 89 B.C.L.R. (2d) 27 (B.C.C.A.) – Trial and appeal dealing with a medical malpractice claim involving performance of an additional procedure not contemplated in advance of surgery.
Commercial and social host liquor liability
- Prevost (Committee of) v. Vetter, 2002 BCCA 202, 210 D.L.R. (4th) 649, 166 B.C.A.C. 56, 100 B.C.L.R. (3d) 44, 11 C.C.L.T. (3d) 127 (B.C.C.A.) - Successful appeal from the first decision in British Columbia where social hosts were found liable for injuries caused by an impaired driver who had consumed alcohol at their home.
Occupiers Liability
- Newton v. Newton, 2003 BCCA 389, 184 B.C.A.C. 157, 17 B.C.L.R. (4th) 1, 17 C.C.L.T. (3d) 318 (B.C.C.A.) – Decision of the Court of Appeal dealing with foreseeability of harm as a component of an action in negligence.
Insurance Law
- Attorney General of British Columbia v. ICBC, 2008, SCC 3 - Acted for ICBC in an appeal by the Attorney General relating to a judgment in which the British Columbia Court of Appeal held the Attorney General vicariously liable to pay damages resulting from the death of a driver in a crash that occurred during a police chase of a stolen car. The appeal was dismissed.
- Brown v. ICBC, 2004 BCCA 254, 196 B.C.A.C. 204, 28 B.C.L.R. (4th) 93, [2004] I.L.R. I-4300, 49 M.V.R. (4th) 1 (B.C.C.A.) - Leading decision of the Court of Appeal dealing with the effect of a wilfully false statement made by an insured in respect to a claim.
- Chan v. ICBC (1996), [1996] 4 W.W.R. 734, 69 B.C.A.C. 187, 16 B.C.L.R. (3d) 96, 33 C.C.L.I. (2d) 226, [1996] I.L.R. 1-3305, 20 M.V.R. (3d) 126 (B.C.C.A.) - Leading decision of the Court of Appeal dealing with coverage for losses arising out of the use or operation of a motor vehicle
Assessment of Damages
- Cunningham v. Wheeler, [1994] 1 S.C.R. 359, 113 D.L.R. (4th) 1, 164 N.R. 81, [1994] 4 W.W.R. 153, 41 B.C.A.C. 1, 88 B.C.L.R. (2d) 273, 23 C.C.L.I. (2d) 205, 20 C.C.L.T. (2d) 1 (S.C.C) - Leading decision of the Supreme Court of Canada dealing with deductibility of disability benefits from damage awards for loss of income.
- M.B. v. British Columbia, [2003] 2 S.C.R. 477, 230 D.L.R. (4th) 567, 309 N.R. 375, [2003] 11 W.W.R. 262, 187 B.C.A.C. 161, 18 B.C.L.R. (4th) 60, 19 C.C.L.T. (3d) 1, 44 R.F.L. (5TH) 320 (S.C.C) - Leading decision of the Supreme Court of Canada dealing with deductibility of social assistance benefits from damage awards for loss of income.
- Monahan v. Nelson, 2000 BCCA 297, 186 D.L.R. (4th) 193, [2000] 6 W.W.R. 650, 137 B.C.A.C. 251, 76 B.C.L.R. (3d) 109, 49 C.C.L.T. (2d) 205, 41 C.P.C. (4th) 1, 34 E.T.R. (2d) 282 (B.C.C.A.) - Leading decision of the Court of Appeal dealing with the circumstances where a plaintiff dies after trial but before judgment.
- Skelding v. Skelding (1994), 118 D.L.R. (4th) 537, [1994] 9 W.W.R. 538, 90 B.C.A.C. 81, 95 B.C.L.R. (2d) 201 (B.C.C.A.) - Leading decision of the Court of Appeal dealing with deductibility of financial benefits resulting from remarriage from an award of damages under the Family Compensation Act.
- Bianco Estate v. Fromow (1998), 161 D.L.R. (4th) 765, [1999] 4 W.W.R. 174, 110 B.C.A.C. 209, 56 B.C.L.R. (3d) 12 (B.C.C.A.) - Leading decision of the Court of Appeal dealing with awards for loss of care and guidance under the Family Compensation Act.
Procedural Cases
- Brisson v. Brisson, 2002 BCCA 279, 213 D.L.R. (4th) 428, 168 B.C.A.C 255, 11 C.C.L.T. (3d) 197 (B.C.C.A.) - Leading decision of the Court of Appeal determining that trial judges should not instruct juries as to an appropriate range of non-pecuniary damages.
- Moss v. Chin (1994), 120 D.L.R. (4th) 406, [1995] 3 W.W.R. 233, 99 B.C.L.R. (2d) 332, 6 E.T.R. (2d) 49 (B.C.S.C.) - Leading decision of the B.C. Supreme Court dealing with circumstances where a settlement offer was purportedly accepted by the deceased claiment's representatives after her death.
- Vorasarn v. Manning (1997), 86 B.C.A.C. 113, 30 B.C.L.R. (3d) 63, 40 C.C.L.I (2d) 200 (B.C.C.A.) - Leading decision of the Court of Appeal dealing with the entitlement to a medical examination under the Rules of Court where a previous examination has been performed in the context of a claim for insurance accident benefits.
Professional & Civic Activities- Guy has been a frequent contributor to continuing legal education for many years, and has spoken at courses offered by the Continuing Legal Education Society of B.C., the B.C. Trial Lawyers Association, and the Canadian Institute on various topics including conduct of a civil trial, jury trials, uninsured motorists, automobile accident benefits, deductibility of collateral benefits, use of experts, Family Compensation Act claims, brain injury and psychological disability, and fibromyalgia. Guy has participated as a civil trial instructor for the UBC Law School Advanced Advocacy Course since its inception in 2001.
- Guy has been a chapter author for the CLE Motor Vehicle Accident Claims Manual (Uninsured Motorists and Part 7 Benefits) since its inception in 1992 and a member of the editorial board since 2003. Guy was a contributing author to the chapter on Jury Trials in the CLE Civil Trial Handbook in the first edition published in 2003 and became sole author of the chapter for the second edition published in 2005.
- Guy has also spoken at various courses offered by insurance industry and medical/dental groups including the Insurance Brokers Association of B.C., the B.C. Insurance Adjusters Association, the Insurance Corporation of British Columbia, the Canadian Medical Protective Association, U.B.C. Continuing Dental Education, the Dental Specialists Society of B.C., U.B.C. Faculty of Medicine, and the Yukon Medical Association. Presentation topics have included insurance coverage under Commercial General Liability policies, medical and dental negligence, clinical records, capacity to consent to medical treatment, the M.S.P. audit process, legal liability and constrained resources, brain injury litigation, collateral benefits deductibility, underinsured motorist protection, and social host liquor liability.
- Guy is active in firm administration at Harper Grey and has been a member of the Management Committee and chair of the Insurance Law practice group.
Background
Guy was born in Whitehorse, Yukon Territory in 1956 and attended school in British Columbia and Ontario. He lives in West Vancouver with his wife, daughter and son, and enjoys travel, jazz, tennis, and power tools.
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Bar & Court Admissions- Called to the Bar of British Columbia, 1983
Education- University of British Columbia, B.Com. (1981)
- University of British Columbia, LL.B. (1982)
Practice Areas
Industry Areas
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