Education
2002, LL.B., University of British Columbia
1999, B.A. Hons. with Distinction (Sociology), University of Victoria
Bar Admission
2003, British Columbia
Insurance Law Profile
Bodily Injury:
Nicole has defended personal injury claims in the Supreme and Provincial Courts of British Columbia. As part of her work Nicole has successfully resolved claims involving soft tissue injuries, chronic pain and psychological issues. At trial Nicole has successfully acted to restrict damages for injuries and associated claims such as wage loss. She has written and lectured for the Continuing Legal Education Society of British Columbia and has been published in the Lawyer's Weekly.
Property Damage:
Nicole has conducted a variety of property damage cases ranging from first party claims by homeowners resulting from fire and water damage to third party liability claims against logging contractors for forest fires.
Fraud:
Nicole has trial experience defending insurance coverage denials where parties have misrepresented their claim values or participated in their own loss. As part of this work, Nicole successfully demonstrated in trial that an insurer's process for claims handling with a party who was not familiar with the English language was appropriate and consistent. This defeated the insured's allegation he had not understood the claims process.
Employment Liability:
Nicole has extensive experience in all types of employment liability disputes and has represented both employers and employees in wrongful dismissal actions in the Supreme and Provincial Courts of British Columbia. In addition to her Court experience, Nicole's tribunal experience includes: defending claims of harassment and discrimination at the Human Rights Tribunal; conducting appeals on behalf of employers at the Employment Standards Tribunal and representing employers' interests at the Employment Standards Branch; conducting Employment Insurance appeals before the Umpire and conducting WCB Review Division and Appeal Tribunal appeals through written submissions and oral hearings.
Court and ADR Experience:
Nicole has conducted numerous Supreme Court trials and more than a dozen Provincial Court trails. She has successfully Petitioned the Supreme Court for relief on jurisdictional grounds, conducted both Summary Trials and Summary Judgement motions and Fast Track and Expedited Trial Cases.
Nicole also has experience in Alternate Dispute Resolution proceedings including mandatory and voluntary mediation, Judicial Settlement Conference and "mini-trials".
Publications
• "Working with Facebook in personal injury actions"
• "Chambers Applications", The Canadian Defence Lawyers "Boot Camp Vancouver: Trial Tactics"
• "The fly in the water bottle – How Mustapha modifies the 'thin skull' rule
• "The New Age of Retirement"
• "When Opportunity Knocks: Directors and Conflicts of Interest"
• "Introduction to the Employment Standards Branch"
• "Personal Injury & ICBC Cases in Provincial Court"
• "Initiating Your Defence - Starting Right Will Make a Good First Impression"
• "Discrimination (Human Rights) Issues Involving Employment: 10 Tips to Navigating the Field"