Peter Gibson (He/Him)Overview Experience Professional Recognition Community News + Views + Events Client Stories Peter Gibson's practice is predominantly in the area of insurance law where he has experience in coverage disputes, defending claims and pursuing subrogated matters. He has acted for insurers and insureds in coverage matters involving a variety of policies (automobile, commercial general liability, professional errors and omissions and disability).
His litigation experience on coverage, defence and subrogated matters has included trials and applications before the Courts of Alberta, the Northwest Territories, Nunavut and Saskatchewan. He also argued in the Courts of Appeal in Alberta, the Northwest Territories and Nunavut and at the Supreme Court of Canada. He also has extensive experience in alternative dispute resolution by judicial mediation and private mediation and arbitration.
Clients turn to Peter to protect their interest in litigation arising in a wide variety of contexts, including:
- Major construction projects
- Industrial accidents, fires and fatality claims
- Employment relations
- Personal injury
- Defamation
- Liability of professionals, municipalities, governments, schools, occupiers, hospitals, manufacturers and retailers
The Advocates Society Member Fire Investigation Association of Alberta Member Insurance Law The Best Lawyers™ in Canada 2019 - 2025 Product Liability Law The Best Lawyers™ in Canada 2024 - 2025 Leading Practitioner: Litigation - Commercial Insurance Canadian Legal Lexpert® Directory 2024 "Litigation Star" Benchmark Canada 2020 - 2024 Edmonton Community Legal Centre Volunteer Condominium Plan No 7920829 v. Academy Contractors Inc., 2017 ABQB 583645639 Alberta Ltd. (Aurora Transportation) v. Co-Operators General Insurance Company, 2013 ABQB 627Arcelormittal Tubular Products Roman S.A. v. Fluor Canada Ltd., 2013 ABCA 279Canadian Natural Resources Limited v. Arcelormittal Tubular Products Roman S.A. (Mittal Steel Roman S.A.), 2012 ABQB 679Ootoova Estate v. Mosher Engineering Ltd., 2011 NUCA 6, Nunavut Court of Appeal Fullowka v. Pinkerton's of Canada Ltd., 2010 SCC 5, Supreme Court of Canada Wainwright (Town) v. 876947 Ontario Ltd., 2009 ABCA 18, Alberta Court of Appeal Fullowka v. Royal Oak Ventures Inc., [2008} N.W.T.J. No. 27, Northwest Territories Supreme Court Wainwright (Town) v. G-M Pearson Environmental Management Ltd., 2008 ABQB 446, Alberta Court of Queen's Bench Wainwright (Town of) v. G-M Pearson Environmental Management Ltd., 2007 ABQB 576, Alberta Court of Queen's Bench Wainwright (Town) v. G-M Pearson Environmental Management Ltd., [2007] A.J. No. 1083, Alberta Court of Queen's Bench Base v. Hadley, [2006] N.W.T.J. No. 3, Northwest Territories Supreme Court Fullowka v. Royal Oak Ventures Inc., [2006] N.W.T.J. No. 24, Northwest Territories Supreme Court Fullowka v. Royal Oak Ventures Inc., [2005] N.W.T.J. No. 57, Northwest Territories Supreme Court Fullowka v. Royal Oak Ventures Inc., 2004 NWTSC 66, Northwest Territories Supreme Court Base v. Hadley, [2004] N.W.T.J. No. 23, Northwest Territories Supreme Court Fullowka v. Royal Oak Ventures Inc., [2003] N.W.T.J. No. 48, Northwest Territories Supreme Court Rockwell v. Klopstra, [2003] A.J. No. 686, Alberta Court of Queen's Bench Lombard General Insurance Co. of Canada v. Varco Canada Ltd., [2002] A.J. No. 945, Alberta Court of Queen's Bench Williamson v. Best Plumbing & Heating Supplies Ltd., [2002] A.J. No. 291, Alberta Court of Appeal Dear v. Styre, [2002] A.J. No. 691, Alberta Court of Queen's Bench Sunshine Village Corp. v. Canada (Minister of Environment), [2001] A.J. No. 651, Alberta Court of Queen's Bench Willier v. Lajeunesse, [2001] A.J. No. 1357, Alberta Court of Queen's Bench Wong v. Mejia, [2001] A.J. No. 665, Alberta Court of Queen's Bench Dear v. Styre, [2000] A.J. No. 1334, Alberta Court of Queen's Bench Guinan v. Northwestel Inc., [2000] N.W.T.J. No. 57, Northwest Territories Supreme Court Guinan v. Northwestel Inc., [2000] N.W.T.J. No. 56, Northwest Territories Supreme Court Williamson v. Best Plumbing & Heating Supplies Ltd., [2000] A.J. No. 495, Alberta Court of Queen's Bench Malik v. Alberta Motor Association Insurance Co., [2000] A.J. No. 1203, Alberta Court of Queen's Bench Stewart v. Fort McPherson (Hamlet), [1999] N.W.T.J. No. 91, Northwest Territories Supreme Court Shum v. Mitchell, [1999] A.J.No. 1105, Alberta Court of Queen's Bench Baker v. Yacyshen, [1999] A.J. No. 1289, Alberta Court of Queen's Bench Wild Rose School Division No. 66 v. Bert Pratch Construction Co., 1998 ABQB 831, Alberta Court of Queen's Bench Valic v. Northwest Territories Housing Corp., [1997] N.W.T.J. No. 53, Northwest Territories Supreme Court Check v. Sun Life Assurance Co. of Canada, [1995] A.J. No. 1400, Alberta Court of Queen's Bench A landmark Supreme Court case involving complex tort law issues
Our client: The Government of Northwest Territories and its Department of Mine Safety were among the defendants in a civil action following the 1992 bombing that killed nine miners working in the Royal Oaks Mines' operations at the Giant Mine in Yellowknife.
Where we began: The Workers’ Compensation Board of the Northwest Territories, having paid pensions to the miner's widows, instituted a massive subrogated civil lawsuit in their names against our client and others, alleging that some or all of them were liable along with the miner convicted of the murders for either inciting his act or for failing to prevent it. The trial judge found that our client and the other defendants were liable, as they owed a duty of care in tort, negligently breached that duty and that their actions or inactions met the "material contribution" test for causation. However, the Court of Appeal reversed on all three points, a decision which the plaintiff appealed to the Supreme Court of Canada.
Our approach: In a five-month trial, Peter and fellow Field partner Christine Pratt argued that the Government's mine safety inspector wasn't responsible for the murders and didn't do anything wrong. This was a hard-fought case involving hard facts, and contested on each element of liability, including duty of care, standard of care, breach, causation and remoteness. The trial judge, in a 400 page decision, found all elements of the case had been met. The GNWT and other Defendants appealed and the Court of Appeal reversed the Trial Judge on every one of those elements. The matter then went to the Supreme Court of Canada.
The result: Supreme Court of Canada found the Trial Judge had not erred in holding that the GNWT owed a duty of care to the deceased miners, but agreed with the court of Appeal that the Trial Judge was wrong in finding that it had failed to meet the standard of care and had applied the incorrect test for causation. Fullowka v. Pinkerton’s of Canada Ltd., [2010] S.C.C. 5. Education University of Alberta, 1993, Bachelor of Laws Queen's University at Kingston, 1988, Bachelor of Arts Admissions Nunavut,2021 Northwest Territories,1997 Alberta,1994 |
|
|