|
|
|
|
800 - 885 West Georgia Street
|
Areas of Practice Commercial litigation, including environmental and insurance-related claims and Alternative Dispute Resolution. ProfileNeo Tuytel is a partner with Clark Wilson LLP. He is a member of the firm's Business Litigation, Insurance and ADR practice groups, and the Chair of the Environmental Law practice group. Mr. Tuytel obtained his LL.B. from the University of British Columbia in 1984, and was called to the bar in 1985. He was also accredited as a mediator, in 1994. Mr. Tuytel has appeared before all levels of court, as well as administrative decision-makers in British Columbia. He was winning counsel in the Supreme Court of Canada in the landmark overlapping insurance case: Family v Lombard as well as various cases in the BC Court of Appeal. Mr. Tuytel also acts as a mediator. Mr. Tuytel is a prolific author and speaker (see list of Publications & Presentations below). Representative Work Winning in the Supreme Court of Canada, and setting a precedent in Canada and the Commonwealth for resolving disputes with respect to overlapping policies of liability insurance (Family Insurance v. Lombard Canada, 2002). Successfully defending a landlord’s claim against its tenant for fire damage to a warehouse in the BC Court of Appeal, based on insurance covenants in a lease and the doctrine of "tort immunity" (North Newton v. Alliance Woodcraft, 2005). Successfully defending claims against a developer under a real estate prospectus at trial and on appeal (Grenoble v. McNaught). On behalf of a former owner, orchestrating a precedent-setting, mulit-party settlement of one of North America's worst pollution problems - the more than $75 million clean-up of acid rock drainage into Howe Sound from the historic Britannia mine. Defending the Prince Rupert Port Authority against claims by First Nations regarding aboriginal and environmental consultation with respect to a $170 million cargo terminal redevelopment project. On behalf of a prominent real estate developer, negotiating an omnibus agreement for the insurance funded defence and settlement of several leaky building claims. Defending, and ultimately settling, a class action for rescission and fraud by investors in syndicated tax shelter investments. On behalf of a syndicated property developer, defending environmental remediation cost recovery actions by CNR, Domtar, the federal government and others. Defending a chemical company against claims for soil and groundwater contamination, and enforcing payment of defence costs and settlement funds by its liability insurers. Enforcing liability insurance coverage on behalf of a developer, for liability arising out of the collapse of a rail bed after completion of am industrial park construction project. Resisting coverage claims against an excess wrap-up E&O insurer for design defects on a $100 million pipeline project. Enforcing property insurance coverage on behalf of a financial institution arising out of the failure of excavation shoring for the construction of an office building. On behalf of the project liability insurers, settling a $3 million building envelope failure claim directly with the owner-developer for a fraction of the amount claimed and with virtually no litigation costs. Defending and settling, at minimal cost, numerous claims against insurance agents and brokers. Representing a major league sports executive in defamation proceedings against a prominent media organization. Defending a libel claim by a radio station against an ethnic newspaper. Memberships & AssociationsMember, Law Society of British Columbia (1985) Member, Canadian Bar Association (Civil Litigation, Environmental and Insurance Law subsections) General Editor, Canadian Journal of Insurance Law Publications & Presentations In addition to numerous shorter articles on commercial litigation, environmental, and insurance-related topics, Mr. Tuytel has also published the following major papers:
Mr. Tuytel has also presented on these and other topics at numerous seminars under the auspices of the Canadian Institute, the Pacific Business and Law Institute, Insight Education Services, the Canadian Risk and Insurance Managers Society, the BC and Northern Alberta Risk and Insurance Managers Associations, the Continuing Legal Education Society of BC, the Insurance Institutes of British Columbia, Alberta and Ontario, the Insurance Brokers' Association of BC, and the Credit Union Insurance Services Association. |