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800 - 885 West Georgia Street |
Area of Practice
Insurance, Commercial and Environmental Litigation. Representative Work Insurance Litigation Appeared 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. Appeared 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. Regularly assists US and out-of-province Canadian insurers with cross-border coverage issues arising out of MVA claims involving non-BC residents. Regularly represents insurers in various property loss, bodily injury and product liability cases, as well as equitable contribution claims and coverage disputes. Has acted for highway maintenance contractors in numerous “black ice” MVA cases. Commercial and Environmental Litigation Currently defending a major Texas oil trader in a multi-million dollar lawsuit arising out of the supply of fuel to a Canadian Territorial government. Obtained a dismissal at Trial with special costs on behalf of the Defendant in Equus Technologies Inc. v. Sage Automation Corporation and Colin Marsh, in which the Court found that a personal guarantee alleged by the Plaintiff and denied by the Defendant had not been given. Successfully defended a general contractor 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. Has handled numerous defamation actions including several arising out of newspaper publications, television broadcasts and anonymous postings on internet bulletin boards. Has handled international commercial arbitrations under the American Arbitration Association and British Columbia International Commercial Arbitration rules. Has acted 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. Acted in a case involving dumping and alleged interference with water tables and wildlife habitats on Vancouver Island. Regularly handles commercial disputes involving leases, service contracts and sale of goods agreements. Obtained security for costs against the corporate plaintiff in a dispute concerning the ownership of shares. Successfully applied 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. Participated as co-counsel in a highly publicized Human Rights Tribunal proceeding involving a well-known Vancouver newspaper columnist. Profile Jonathan Hodes is a partner at Clark Wilson LLP and a member of the firm’s Insurance Litigation, Business Litigation, Environmental and US Practice Groups. He is a member of the Bars of the Provinces of British Columbia and Alberta, and the State of Colorado, having been admitted to all three in 1996. Jon obtained his LL.B from the University of Windsor Faculty of Law 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, following which he moved to Vancouver. 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, Federal Court Trial Division and Supreme Court of Canada. His practice at Clark Wilson LLP is predominantly in insurance and commercial litigation, including first and third party liability claims, coverage disputes and construction deficiency actions, as well as breach of contract and other commercial and environmental matters. In addition, Jon has written for various Clark Wilson LLP publications, including the Insurance Group’s Insurable Interest bulletin and Manual for Out-of-Province Claims Examiners, and the Business Litigation Group’s Full Court Press. He has also contributed to CLE’s Annual Review of Law and Practice and Motor Vehicle Practice Manual, and DRI’s For the Defence magazine. Jon has spoken on insurance and environmental issues for the Insurance Institute of British Columbia, the Insurance Institute of Northern Alberta, Canadian Defence Lawyers, Insurance Brokers’ Association of British Columbia, The Canadian Institute, Infonex and various clients of Clark Wilson LLP. He has organized and presented at a seminar accredited by Washington State’s Office of the Insurance Commissioner to assist US claims examiners in handling insurance claims in British Columbia. Jon is a Board Member of the Canadian Defence Lawyers, a national organization which represents the interests of defence counsel to the insurance industry, and is affiliated with the Defence Research Institute (DRI) in the United States. Memberships & Associations Member, Law Society of British Columbia (1996)
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