David B. Wende*
Partner

PRACTICE PROFILE

David Wende is a member of the firm’s Financial Professional Services, Commercial Litigation, and Construction & Engineering Practices.

David’s practice has been directed towards assisting professionals in four capacities:

The defence of professionals in litigation;
Professional discipline before their self-regulatory bodies, primarily the Institute of Chartered Accountants of British Columbia and the Association of Professional Engineers and Geoscientists of British Columbia;
Providing risk management services in order to better serve their clients; and
As an advocate for Chartered Accountants, Engineers, Architects and Financial Professionals on issues related to insurance and their professional standards.

David was a member of the ICABC Professional Liability Task Force and has advised the ICABC on matters affecting the profession for more than a decade, including more than forty presentations to its members for professional development credit.

Over the last two decades, David has lectured frequently on legal issues affecting Architects, Engineers and Chartered Accountants in professional development programs sponsored by their respective provincial regulatory bodies, the Tax Foundation and other professional organizations. David has authored a number of articles published in Beyond Numbers, the magazine published by the ICABC, and CA Magazine published by the CICA.

David has been recognized by LEXPERT as a leading Canadian lawyer for 2011.

REPRESENTATIVE EXPERIENCE

Assists and represents Architects and Engineers and Chartered Accountants, Certified Management Accountants, Financial Planners and Insurance Agents;
Counsel to the College of Dental Surgeons “Court of Inquiry” process, and in the past has acted as counsel to more than 20 Discipline Panels of the College in fulfilling its self-regulatory objectives under the Dentists Act;
In addition to defending Chartered Accountants before the Professional Conduct Enquiry Committee and Discipline Tribunals of the C.A. Institute, David has served as counsel to Discipline Tribunals of the C.A. Institute, and has acted as counsel to the PCEC in its prosecutions;
Having formerly defended professional engineers before its Discipline Panels, today David is counsel to the Association of Professional Engineers & Geoscientists of British Columbia in professional discipline matters

REPRESENTATIVE CASES

Forest & Marine Financial Limited Partnership v. Triple C Logging and Burridge & Associates, Action No. C981539, Vancouver Registry, September 27, 2002.
Hung v. The Institute of Chartered Accountants of British Columbia 2002, BCSC 1234 Affirmed, Court of Appeal 2003 BCCA 257.
Butcher v. HMTQ (Public Sector Employers’ Council) 2002 BCSC 310 Affirmed, Court of Appeal 2003 BCCA 192.
Newton v. Marzban et al. 2008 BCSC 328.
Puar v. Association of Professional Engineers of B.C., 2009 BCSC 21; 2009 BCCA 487.
International Culinary Institute v. Grant Thornton, LLP, 2010 BCSC 541.

RECENT PUBLICATIONS AND CONFERENCES

Presenter, Western Conference of the CICBV on Expert Witnesses, October 2009
Presenter, “Insurance Issues for Charities and Non-Profit Organizations”, CLE BC Conference, 2009, 2005, 2002
Presenter, “Defensive Practice for Tax Professionals”, Canadian Tax Foundation, June 2008
Article, “Making the Case for Limitation of Liability Clauses”, Beyond Numbers Magazine, May 2007
Article, "Expert Testimony", CA Magazine, December 2005
Authored the chapter, “Expert Evidence and Administrative Tribunals” in Expert Evidence in British Columbia Civil Proceedings, Continuing Legal Education Society of BC , 2000, 2005
Article, "Liability of Chartered Accountants in Private Industry", CA Magazine, January/February 2005
Article, "A Cautionary Tale of Professional Liability: Recognizing Potential Conflicts", Beyond Numbers Magazine, May 2003
Article, "Protecting the Auditor From Unlimited Liability", Beyond Numbers Magazine, October 2002
Presenter, “Expert Evidence and Administrative Tribunals”, CLE BC Conference, March 2001
Presenter, “Professional Liability Litigation – Civil Liability of Chartered Accountants”, CLE BC Conference, June 1995