Jonathan Hodes is a partner of the firm and Co-Chair of the Environmental Law Group. He is also a member of the Insurance Litigation, Business Litigation, and United States Law Groups.
Jonathan's practice focuses on insurance, environmental and business litigation, including a wide variety of actions involving liability claims, environmental clean-up litigation, coverage disputes, construction deficiency claims, breach of contract and other business litigation matters. He has appeared in all levels of court in British Columbia, as well as the Alberta Provincial Court, Alberta Court of Queen's Bench, Nunavut Court of Justice, Yukon Supreme Court, Federal Court Trial Division and Supreme Court of Canada.
Jonathan has written on insurance and environmental issues for various Clark Wilson publications and is author of the Manual for Out-of-Province Claims Examiners. He has also contributed to the Annual Review of Law and Practice and Motor Vehicle Practice Manual, published articles in The Lawyers Weekly and Defence Research Institute's For the Defence magazine. He speaks regularly on insurance and environmental issues for the Insurance Institutes of BC and Alberta, Canadian Defence Lawyers, Continuing Legal Education Society of BC, Insurance Brokers' Association of BC, the Pacific Business and Law Institute, the Canadian Institute and Infonex. He has also delivered seminars accredited by Washington State's Office of the Insurance Commissioner to assist U.S. claims examiners in handling insurance claims in British Columbia.
Jonathan obtained his LL.B from the University of Windsor and his JD from the University of Detroit Mercy School of Law, both in 1995. He began his career with a prominent law firm in Edmonton before he moved to Vancouver. He is a member of the British Columbia, Alberta and Colorado Bars.
Insurance
Appearing in the Supreme Court of Canada on behalf of the successful appellant in Family Insurance v. Lombard Canada, now the leading case in Canada and the Commonwealth on the issue of overlapping coverage between liability insurance policies.
Appearing in the BC Court of Appeal on behalf of the successful appellant in North Newton Warehouses Ltd. v. Alliance Woodcraft Manufacturing Inc., expected to be a leading case in the area of "tort immunity" arising out of insurance covenants in commercial contracts.
Defending a major Texas oil trader in a multi-million dollar lawsuit arising out of the supply of fuel to a Canadian Territorial government.
Successfully challenging the Court's jurisdiction under the Court Jurisdiction and Proceedings Transfer Act and obtaining a stay of proceedings in Roed v. Scheffler, in which a a U.S. resident defendant was sued in British Columbia.
Defending several actions, including class action proceedings, arising out of the catastrophic collapse of a church floor during a rock concert.
Regularly assisting U.S. and out-of-province Canadian insurers with cross-border coverage issues arising out of motor vehicle claims involving non-BC residents.
Regularly representing insurers in various bodily injury, property loss, and product liability cases.
Providing coverage opinions and handling disputes involving coverage denials by insurers, priority disputes between insurers and equitable contribution claims.
Regularly acting for defendants in construction deficiency, building envelope failure and fire cases.
Acting for highway maintenance contractors in numerous "black ice" MVA cases.
Environmental Litigation
Acting for a major developer in respect of historical and off-site contamination under BC's Environmental Management Act.
Successfully defending a general contractor in Swamy v. Tham Demolition, the first decision to address the BC Supreme Court's jurisdiction to deal with cost recovery actions brought under the Waste Management Act. The decision has led to changes in British Columbia's contaminated site legislation.
Acting in a case involving dumping and alleged interference with water tables and wildlife habitats on Vancouver Island.
Acting for a chemical company in a case involving historical contamination over a 40 year period on an industrial site in North Vancouver.
Advising insurers and insureds on issues of environmental coverage and exclusions in insurance policies.
Business Litigation
Successfully obtaining the production of government documents over which cabinet privilege was claimed in Nunavut (Department of Community and Government Services) v. Northern Transportation Company Ltd.
Successfully defending a $300 million breach of fiduciary duty claim against a major educational institution, resulting in a dismissal of the claim and $1 million costs award in favour of the client.
Obtaining a dismissal at Trial with special costs on behalf of the Defendant in Equus Technologies Inc. v. Sage Automation Corporation and Colin Marsh, a dispute involving an alleged personal guarantee.
Obtaining a favourable settlement for the plaintiff on the first day of trial in a case involving the defendant's refusal to honour stock option agreements.
Handling numerous defamation actions including several arising out of newspaper publications, television broadcasts and anonymous postings on internet bulletin boards.
Handling international commercial arbitrations under the American Arbitration Association and British Columbia International Commercial Arbitration rules.
Acting for software developers in proceedings brought in British Columbia Supreme Court and under the Commercial Arbitration Act, arising out of alleged failures to deliver software products.
Regularly handling commercial disputes involving leases, service contracts and sale of goods agreements.
Obtaining security for costs against the corporate plaintiff in a dispute concerning the ownership of shares.
Successfully applying for leave to appeal an interlocutory "Mareva" injunction in a case where the Defendant had moved to another country, following which the case was quickly settled.
Participating as co-counsel in a highly publicized Human Rights Tribunal proceeding involving a well-known Vancouver newspaper columnist.
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