David Pilley
Partner
He/Him
David maintains a busy and complex practice spanning health, insurance, bankruptcy, and commercial law.
Biography
With nearly thirty-five years of experience, David is recognized as a leader in his field. His practice is focused primarily on the defence of physicians in civil and administrative matters.
In his insurance practice, David’s focus on cases involving allegations of Bad Faith. He also has experience in commercial litigation and bankruptcy law.
David has appeared at all levels of court in British Columbia and has represented clients at inquests and other administrative proceedings.
Assistance Team
Expertise
Education
University of British Columbia, LL.B., 1989
University of British Columbia, B.Comm., 1986
Languages spoken
- English
Experience
Health Law
David has successfully defended physicians in the following matters:
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Alleged wrongful certification under the Mental Health Act, Mullins v. Levy et al
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An allegation of negligent obstetrical care, Mikhail v. Odulio et al
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An allegation that a surgeon caused nerve damage to the plaintiff’s lower leg during surgery, MacNeil v. Younger
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Alleged delay of diagnosis of appendicitis, Ewart v. Hogan
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Alleged failure to diagnose adult onset of Still’s Disease, Shannahan v. Johnson
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Alleged vascular injury occurring during gall bladder removal surgery, Brock v. Anderson
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Alleged fault for spinal surgery complication, Austin v. Joaquin
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Alleged failure to certify under the Mental Health Act, Briante (Litigation guardian of) v. Vancouver Island Health Authority
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Alleged failure to perform correct surgery, Cochran v. Hunter
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Allegation of fault relating to psychiatric medication, Chancey v. McKinstry
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Alleged failure in reporting on radiological studies, Drage v. Page
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Alleged defamation, Fairview Management Services Ltd. V. Ryeburn
Insurance Law
David has represented insurers and their insureds in a number of matters, including:
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Allegation of occupiers liability, Sheridan v. Donschenko
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Allegation of brain injury and other injuries following a motor vehicle accident, Karim v. Sangha
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Alleged wrongful breach by an insurer, Oughton v. Insurance Corp. of British Columbia
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Allegation of a wrongful failure to transfer title to a vehicle, Yu v. Insurance Corp. of British Columbia
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Allegation of wrongful denial of coverage under a homeowner’s policy, Peebles v. Wawanesa Mutual Insurance Co.
Commercial Law
David has successfully represented a number of clients in commercial litigation. This representation has included:
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Defended an appeal from commercial arbitration award, Hanna Collision Repair (1984) Ltd. v. Insurance Corp. of British Columbia
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Successfully upheld the constitutionality of a municipal gravel levy (as co-counsel), Coquitlam (City) v. Construction Aggregates Ltd.
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Enforcement of a commercial option to purchase, Inland Shake and Shingle Ltd. v. Janbar Enterprises Ltd.
Bankruptcy Law
David has handled many cases on behalf of the Insurance Corporation of BC in which it sought to recover debt from bankrupt individuals, many of whom were alleged to have committed criminal acts or fraud. He has been successful in obtaining orders that such debt survive bankruptcy. His cases include:
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Re Thompson
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Re Schmidt
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Re Sidhu
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Re Diaz
Professional Credentials
Leadership
- Contemporary Canadian Insurance Law Casebook, Published by LexisNexis® Canada, Contributing Author (2015)
- Harper Grey Canadian Insurance Law Blog, Editor and Contributing Author
- Harper Grey Insurance Law Update Newsletter, Contributing Author
- Harper Grey Mentoring Program, Mentor
- Harper Grey Practice Management Committee, Past Member
- LexisNexis® Harper Grey Insurance Law Netletter™, Contributing Author
- Medical-Legal Society of BC, Member and Former Board Member
Memberships
- Canadian Bar Association, BC Branch Subsections, Member: Civil Litigation, Insurance Law
- The Law Society of British Columbia, Member
Recognitions
Recognized as a “Leading Lawyer” in the area of Medical Negligence in Canada by Best Lawyers®
2016 – 2024
Recognized as “Consistently Recommended” in the area of Medical Negligence (Represents Defendants) by the Canadian Legal Lexpert Directory®
2014 – 2024
Recognized as a “Local Litigation Star” in British Columbia in the area of Medical Malpractice by Benchmark Canada®
2018-2023
Recognized as a “Local Litigation Star” in British Columbia in the area of Health by Benchmark Canada®
2018-2023
Recognized as a “Local Litigation Star” in British Columbia in the area of Insurance by Benchmark Canada®
2018-2023
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