David A. Garner*
Managing Partner

PRACTICE PROFILE

David Garner is currently the firm’s Managing Partner and a member of the firm’s Commercial Litigation, Construction & Engineering, Environmental, Health, Insolvency & Restructuring and Insurance Practices. David Garner’s practice is primarily litigation-based with a considerable emphasis on alternate dispute resolution solutions and negotiation of settlements, releases and covenants, as well as standstill, tolling and related agreements. Mr. Garner has represented a diverse range of clients in commercial, professional and insurance related litigation at all levels of court in British Columbia. He has taken mediation training and is regularly involved in mediated settlements and negotiations, with many cases involving multi-party actions. Within his professional liability practice, he has represented the interests of architects, engineers, realtors, underwriters, lawyers, surveyors, accountants, trustees and receivers in litigation arising directly out of professional activities or specific transactions. He has been an active writer and presenter for the Continuing Legal Education Society of British Columbia and to many clients on a variety of topics.

Mr. Garner has recently obtained his private pilot’s license.

REPRESENTATIVE EXPERIENCE

Complex commercial litigation including contract disputes, intellectual property issues, international jurisdictional disputes, injunctions and other protective/preventative steps as well as mediation and arbitration alternatives.
Claims respecting real estate sales and development, including the issuance of prospectus/disclosure statements, real estate financing and construction financing in particular.
Has experience in many aspects of land law including the breach of land and premises leases; enforcement of easements and rights of way including claims of estoppel, the enforcement of security related to land, including foreclosures and guarantees, and environmental claims relating to land and land use.
Disputes arising out of insolvency of companies, and occasionally individuals, including contests over the rights and priorities of secured and unsecured creditors, the duties and obligations of trade contractors, lenders and others in Bankruptcy and Insolvency Act and Companies Creditors’ Arrangement Act proceedings and related disputes.
Familiar with all aspects of insurance law, including policies respecting property, liability, errors and omissions, directors and officers, course of construction/wrap-up and related insurance as well as specialized policies arising out of industry sectors such as forestry, finance, construction, maritime operations and others.
Defence of claims against a wide variety of professionals, including architects, engineers, surveyors, realtors, underwriters, directors, officers, lawyers, accountants, trustees, and receivers.

RECENT PUBLICATIONS AND CONFERENCES

Presenter/Panelist for “Tendering Law 2007” and “Tendering Law – 2009 Update”, Continuing Legal Education Society of British Columbia.
Co-author of the book The Annotated British Columbia Builders Lien Act – 2007-2008, published by Continuing Legal Education Society of British Columbia.
Contributing author to the British Columbia Builders Lien Handbook, published by Continuing Legal Education Society of British Columbia.
Panelist for “Conflict Issues”, April 2006, Continuing Legal Education Society of British Columbia.