Bruno De Vita*, QC

Managing Partner

Bruno De Vita, QC is Alexander Holburn’s Managing Partner. He practises in the area of civil litigation with an emphasis on insurance law, municipal liability, class action and personal injury litigation. His clients include major insurance companies, self-insured corporations, local governments, religious institutions and athletic associations. His practice involves the handling of catastrophic personal injury claims, product liability cases and the prosecution and defence of large property damage and business interruption claims. He regularly acts for both underwriters and policyholders on complex coverage issues and has successfully defended insurers in disputes involving policy interpretation, bad faith, arson and fraud. Bruno has also acted for professionals, including lawyers, real estate agents, insurance brokers and psychologists in both liability and disciplinary matters. He has acted as defence counsel in a number of civil cases dealing with allegations of sexual abuse and vicarious liability for sexual abuse.

In 2016, Mr. De Vita was appointed Deputy Chair of the Investigatory Chamber of the Independent FIFA Ethics Committee.

In 2015, Mr. De Vita was appointed as an arbitrator of the Court of Arbitration for Sport, based in Lausanne, Switzerland, where he is a member of the general panel and the football panel.

Legal Industry Recognition

Since 2000, Mr. De Vita has been recognized annually by The Canadian Lexpert Directory as a leading Canadian practitioner in the field of commercial insurance litigation. He has been selected by his peers for inclusion in the publication, Best Lawyers in Canada, in each year since its inception in 2006 for Insurance Law. Benchmark Litigation has also recognized Mr. De Vita as one of the leading litigation lawyers in British Columbia. In 2014, Mr. De Vita was honoured by the British Columbia Branch of the Canadian Bar Association with the award of “Insurance Lawyer of the Year”.


Best Lawyers Award Badge

Canadian Legal Lexpert Directory

Representative Experience

  • Acted as Canadian counsel in bi-national mass tort litigation regarding radiant heating and was involved in negotiation of a (US)$320 million dollar settlement Kelman v. The Goodyear Tire and Rubber Company and Goodyear Canada Inc. (Ontario); May v. The Goodyear Tire and Rubber Company and Goodyear Canada Inc. (British Columbia); LaHaie v. The Goodyear Tire and Rubber Company and Goodyear Canada Inc. (Alberta);
  • Acted as arbitrator in dispute between top division professional football clubs regarding alleged wrongful termination of a player contract;
  • Represented insurers in a coverage dispute arising from a $12 million mine fire;
  • Represented local and national amateur hockey organizations in a claim of catastrophic brain injury occurring during the course of play;
  • Represented an excess professional liability insurer in a multi-million dollar coverage arbitration arising from claims brought in Canada and the U.S. against a leading law firm;
  • Acted as coverage counsel in securing insurance coverage for claims of historical sexual abuse dating back to 1939;
  • Represents local governments in a wide variety of litigation including cases involving catastrophic injuries and fatalities;
  • Acts as counsel to insurers in coverage matters involving allegations of bad faith, policy interpretation and disputes relating to the insurer’s duty to defend;
  • Regularly acts for insurers in the prosecution and defence of subrogated actions;
  • Acts as counsel to both local and national soccer associations; and
  • Has appeared as counsel on numerous occasions in both the trial and appellate courts of British Columbia.

Professional + Community Affiliations

  • Deputy Chair, Investigatory Chamber of the FIFA Ethics Committee, 2016 – Present
  • Arbitrator, Court of Arbitration for Sport (CAS), appointed by the International Council of Arbitration for Sport (ICAS) for the term 2015 – 2018
  • Member of Editorial Board, Canadian Institute Insurance Law and Litigation Journal, 2016 – Present
  • Director, Corpus Christi / St. Mark’s College – Chair, Governance Committee, 2009 – Present
  • Trustee, Vancouver College Limited, 2005 – Present
  • Director, Vancouver College – Chair, Legal and Insurance Committee, 1997 – 2005
  • Honorary Alumnus – Vancouver College
  • Director, President and Chair, Catholic Family Services, 1996 – 2005
  • Member, Archdiocesan Synod, 2002 – 2003
  • Member, Canadian Bar Association (Insurance, Class Action, Civil Litigation and Municipal sub-sections)
  • Executive Member, Vancouver Bar Association, 1991 – 1993
  • Guest Instructor, Professional Legal Training Course
  • Former Instructor, The Office of Marriage and Family Formation – Archdiocese of Vancouver
  • Former Lay Auditor, Vancouver Regional Marriage Tribunal

Education

Publications + Presentations

  • February 2017, “Looking to the Future”, Canadian Underwriter, P. 34, Co-authored with Hollis Bromley
  • June, 2016, “Post Accident Investigation and Remediation”, Risk and Insurance Management Society (RIMS) National Newsletter, Summer Edition, Author;
  • May 6, 2016, “The Law of Injurious Affection”, Municipal Risk Managers Conference (Vancouver), Speaker;
  • April 20, 2016, “Suing Parents for Negligent Supervision: The Family Exclusion”, The Joint Meeting of the British Columbia Risk and Insurance Managers Society and the Society of Fellows of the Insurance Institute (B.C.), Speaker;
  • November 2015, “Drones: Flying Privacy Law Into the Future”, Risk and Insurance Management Society (RIMS) National Newsletter, Fall Edition;
  • November 20, 2015, Liability Insurance and the Additional Insured Endorsement, presented for the Canadian Bar Association, Municipal Law Section;
  • September 2015, “Renewed Faith”, Bruno De Vita and Hollis A. Bromley, Canadian Underwriter, September 2015 Edition;
  • June 15, 2015, “Claims for Lost Earning Capacity: The Defence Perspective”, prepared for The Continuing Legal Education Society of B.C. and presented at the CLEBC Personal Injury Conference;
  • April 2015, “Honesty is the Best Policy: The Duty of Good Faith and Honesty in Contract”, Spring Edition, Risk and Insurance Management Society (RIMS) National Newsletter;
  • Winter 2014, “Intrusion Upon Seclusion and Cyber Liability”, Risk and Insurance Management Society (RIMS) National Newsletter, Winter 2014 Edition;
  • November 13, 2014, “The Insurance Coverage Lawsuit and Bad Faith Claims”, presented to The Insurance Institute of Canada, B.C. Society of Fellows, Vancouver, B.C.;
  • October 6, 2014, “Misrepresentation and Non-Disclosure: Avoiding Pitfalls”, presented at the Canadian Association of Mutual Insurance Companies 34th Annual Convention, Whistler, B.C.;
  • Summer 2014, “The Mortgage Clause: Insurers and adjusters shouldn’t overlook the role of the standard mortgage clause in the property insurance policy”, Bruno De Vita and Hollis A. Bromley, published in Claims Canada, August/ September 2014 edition;
  • Spring 2014, “An Overview of Canada’s Anti-Spam Legislation”, Robert W. Pakrul and Bruno De Vita, Risk and Insurance Management Society (RIMS) National Newsletter, Spring 2014 Edition;
  • Spring 2014, “Misrepresentation and Material Non-Disclosure – Avoiding Pitfalls”, Bruno De Vita and Hollis A. Bromley, Canadian Underwriter, April 2014 Edition;
  • Fall 2013, “A Time for Sharing: The Allocation of Defence Costs Under a Liability Policy”, Risk and Insurance Management Society (RIMS) National Newsletter, Fall 2013 Edition;
  • September 26, 2013, “Professionalism in the Law”, presented at Canadian Defence Lawyers Conference, Vancouver;
  • December 2012, “The Power of the Waiver: Loychuk v. Cougar Mountain Adventures”, published in Canadian Universities Reciprocal Insurance Exchange Newsletter, Volume 23, Issue 3;
  • November 2, 2012, “The New B.C. Insurance Act”, prepared and presented at the Municipal Risk Managers Conference, Burnaby, B.C.;
  • September 7, 2012, “Additional Insureds: Developments and Controversies”, presented at the Continuing Legal Education Society of British Columbia Insurance Law Conference;
  • May 10, 2012, Canadian Defence Lawyers “Boot Camp”: Examinations for Discovery, Vancouver, Speaker;
  • April 2012, “Court of Appeal Upholds Waiver of Liability”, Risk and Insurance Management Society (RIMS) National Newsletter, Spring 2012 Edition;
  • September 2011, “The Power of the Waiver: How Far Can it be Stretched”, Risk and Insurance Management Society (RIMS) National Newsletter;
  • September 15, 2011, “Insurance Coverage Potpourri”, Bruno De Vita and Hollis A. Bromley, prepared for and presented at the Canadian Defence Lawyers “The Best Defence” Conference, Vancouver;
  • June 2011, CBA Insurance Law Section Annual General Meeting, “What’s Left of the CGL? A Perspective on the Effect of Progressive Homes and Bulldog Bag“, Guest Speaker;
  • 2011, “Corporate Criminal Liability: Risk Management Meets Criminal Laws”, Risk and Insurance Management Society (RIMS) National Newsletter, Spring 2011 Edition;
  • 2010, “Containing the Cost of Class Action Litigation”, Risk and Insurance Management Society (RIMS) National Newsletter, National Conference Edition, Fall 2010;
  • September 2010, “Welcome to My House: Homeowners’ Policy Liability and Coverage”, prepared and presented with Susan Sangha, Continuing Legal Education Society of British Columbia, Insurance Law Conference;
  • 2010, Bruno De Vita and Hollis A. Bromley, “The Decision is in the Bag: A Recent Win for Insurers on CGL Coverage”, published in Claims Canada, June 2010 edition;
  • May 19, 2010, “Discovery of Documents Under the New Rules of Court”, presented to the Risk and Insurance Managers Society, B.C. Chapter, Vancouver;
  • “Supreme Court of Canada Rules on Duty of Care in Giant Mine Tragedy: Fullowka v. Pinkerton’s of Canada Ltd.”, Risk and Insurance Management Society (RIMS) National Newsletter, Spring Edition;
  • March 24, 2010, “Discovery of Electronic Documents”, prepared by B. De Vita and G. Allen for the Lorman Education Services Seminar on Civil Discovery, Vancouver, B.C.;
  • April 2009, “Social Networking Websites – New Fertile Ground for Evidence”, Risk and Insurance Management Society Canada (RIMS) National Newsletter;
  • April 16, 2009, “An Overview of the Health Care Costs Recovery Act”, presented with K. McLaren, AHBL Lunch and Learn Seminar Series;
  • February 2009, “Overcoming the Liability Challenges of Recreational Facilities”, prepared for the Canadian Institute’s Provincial/Municipal Liability Conference, Toronto, Ontario;
  • September 2008, “Allocation of Defence Costs”, presented with Hollis Bromley, Continuing Legal Education Society of British Columbia, Insurance Law Conference;
  • April 2008, “The Electronic Trap: Discoverability of Electronically Stored Information in Litigation”, Risk and Insurance Management Society Canada (RIMS) National Newsletter;
  • February 2008, “Reducing Exposure to Legal Risks Inherent in Publicly Owned Facilities”, prepared and presented for The Canadian Institute Provincial/Municipal Liability Conference, Toronto, Ontario;
  • October 2007, “Class Action Certification and Containment of Litigation Cost”, prepared and presented for the ARC Group Canada 2007 Seminar, Toronto, Ontario;
  • Fall 2007, “Post-Accident Changes – ‘Damned if you do; Damned if you don’t?’”, Risk and Insurance Management Society (RIMS) National Newsletter, Fall 2007;
  • March 28, 2007, “Personal Injury Damages: Some History and Recent Developments”, Prepared and presented for the Insurance Institute of British Columbia, CIP Society;
  • February 15-16, 2007, “Latest Developments on Publicly Owned Facilities: Protecting Quality of Life and Guarding Against Liability”, The Canadian Institute – Provincial/Municipal Liability Conference, Toronto, Ontario;
  • February 2007, “Supreme Court of Canada Explains Foreseeability and Causation: Resurfice Corp. v. Hanke”, Risk and Insurance Management Society (RIMS) National Newsletter;
  • Fall 2006, “Liability Insurance – Understanding the Right and Duty to Defend”, published in Adjuster’s Quarterly;
  • October 31, 2006, “The Nuts and Bolts of Class Actions”, presented with E. Stock, AHBL Lunch and Learn Seminar Series;
  • September 2006, “New Developments in Social Host Liability: Childs v. Desormeaux” (2005-06) 7 Mun. L.R. Mgt., July 2006, co-authored with Greg J. Allen [also published in Risk and Insurance Management Society (RIMS) National Newsletter];
  • February 2006, “Effectively Managing Risks Inherent in Publicly Owned Facilities”, The Canadian Institute – Provincial/Municipal Liability Conference, Toronto, Ontario;
  • June 28, 2006, “Understanding the Duty and Right to Defend”, presented with J. Poole, AHBL Lunch and Learn Seminar Series;
  • November 2005, “Using Waivers to Minimize Risk”, (2005-06) 7 Mun. L.R. Mgt., – co-authored with Rebecca Cleary;
  • November 2005, “Design of public trail key to liability ruling”, Insurance West;
  • October 2005, “The Use of Waivers to Avoid Liability” – Presentation to the Municipal Law Sub-section, Canadian Bar Association;
  • September 25, 2005, “The Law of Waivers”, International Municipal Lawyers Association Conference, Savannah, Georgia;
  • April, 2005, “Statutory Conditions: Guidelines and Practical Considerations”, AHBL Client Seminar Series;
  • February 2005, “Managing the Ongoing Challenges of Publicly Owned Facilities: An Update”, The Canadian Institute – Provincial/Municipal Liability Conference, Toronto, Ontario;
  • “Keeping the Faith: The Law of Bad Faith Post-Whiten”, AHBL Client Seminar Series;
  • February 2004, “Insurance Issues Facing Municipalities”, The Canadian Institute – Provincial/Municipal Liability Conference, Toronto, Ontario;
  • February 2004, “Public Facilities Liability – How to Play it Safe and Stay Out of Court”, The Canadian Institute – Provincial/Municipal Liability Conference, Toronto, Ontario;
  • March, 2003,“Post-Accident Remediation” and “Vicarious Liability”, Speaker at Risk and Insurance Management Society, British Columbia Chapter;
  • (September, 2003), “Post-Accident Remediation – The Great Catch 22”, The Canadian Institute – Provincial/Municipal Liability Conference, Toronto, Ontario, February 2003, (2002-2003) 4 Mun. L.R. Mgt. 81;
  • February 2003,“The Use of Waivers to Avoid Liability”, The Canadian Institute – Provincial/Municipal Liability Conference, Toronto, Ontario;
  • February 2003, “Vicarious Liability: The State of the Law after Curry and Griffiths”, The Canadian Institute – Western Canada Insurance Law Conference, Calgary, Alberta;
  • 2002, “Social Host Liability – The Aftermath of Hunt”, The Canadian Institute – Provincial/Municipal Liability Conference, Toronto, Ontario.

On A Personal Note

Bruno is married and has three wonderful daughters. He grew up in East Vancouver where he continues to play soccer every Saturday. His other passions include sports of all kinds, music, cooking and wine. Bruno is a regular contributor to The Advocate Wine Column.

Direct Line: 604.484.1709
Facsimile: 604.484.9709
bdevita@nullahbl.ca
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Assistant: Penny Valliere
Direct Line: 604.643.2190
Email: pvalliere@nullahbl.ca

Practice Areas

* Professional Law Corporation