Alex L. Eged

OVERVIEW

Alex and his family live in Vancouver and enjoy an active life in the community. Among his contributions, he supports and volunteers at the Vancouver Food Bank, has coached and mentored young athletes and speaks to both high school and college students about the satisfaction and responsibility associated with a career in law.

Alex brings over 25 years of litigation experience to his clients and the team of lawyers he leads at RBS.

Working with top companies from around the world on highly difficult to straight forward matters, Alex provides a vast range of services. As a litigator he has handled complex multi-million dollar matters, many of which have proceeded through both trial and appeal.  He routinely advises clients on pre-litigation matters such as risk management, contractual rights and obligations and resolution of disputes.  He is acknowledged in the legal community as an effective and practical lawyer and is regularly retained to assume conduct of difficult and challenging files from other lawyers.

Alex’s multiple successes at the highest level of British Columbia courts have resulted in several long term clients who depend on him to manage litigation risk, and when necessary, a high degree of competency at trial.  His competency comes from having conducted over 300 trials in his career.  Alex has conducted trials as Crown Counsel on behalf of the Attorney General of BC and as counsel for numerous individuals, partnerships and small to large provincial, national and multinational corporations.  He has appeared before all levels of BC courts as well as Alberta and Ontario superior courts. He has conducted judge and jury and judge alone trials, appeals, summary trials and “fast track” litigation trials.  Alex also has extensive experience with judicial settlement conferences and other forms of alternate dispute resolution including mediation, arbitration and party to party negotiations.

His practice is focused on insurance, construction and corporate commercial litigation.

Alex provides legal services through Alex L. Eged Law Corporation.

REPRESENTATIVE CLIENT WORK

INSURANCE

Commercial Liability

From complex bodily injury to significant property damage claims Alex has acted for most of the top insurance companies in the world by, amongst other things, defending their insureds under CGL policies.  Insureds include sports and recreation service providers and clubs, municipalities, commercial hosts, occupiers, builders, developers, product manufacturers and distributors, transportation companies and several multi-national retailers.

Professional Liability

He has represented professionals such as architects, engineers, dentists, denturists, educators and insurance, stock and real estate brokers and pharmacists, amongst others, in the context of their professional liability insurance policies.

Additionally, Alex has represented and assisted many professionals with matters related to their governing bodies or regulatory associations.  These matters have included allegations of professional misconduct, disqualification, suspension, other forms of discipline and admissions.

Personal Lines

Alex acts for many insurers whose business focuses on personal property and liability insurance. Occupiers liability, nuisance, trespass and pet owner liability are just a few of the types of cases flowing from the liability coverage.

Given his experience with Crown Counsel and working for personal lines insurers he is regularly retained to advance subrogated claims on large loss cases.

Coverage and Policy Drafting

Coverage opinions rendered on warranty claims, CGL, E&O, personal lines and directors and officers policies. Alex also acts for insurers and, in certain cases, insureds if litigating a coverage dispute becomes necessary.

Drafting insurance policy wordings, revisions and creation or amendment of endorsements are services also provided to insurer clients.

CONSTRUCTION

Alex acts for international, national, local and governmental property developers in creating contract language, minimizing litigation and other risks and litigating their construction based disputes.

Alex has also represented contractors, sub-contractors and property owners in addressing construction deficiency and delay claims and allegations.

CORPORATE COMMERCIAL

Extensive corporate commercial litigation experience including international fraud, real property, easement and right of way disputes, class action defences, unpaid debts, anti-suit and Mareva injunctions, shareholder and contractual disputes.

NOTABLE CASES

Alex has been counsel of record on many reported cases including:

Dhillon v. Robertson, 2023 BCCA 140

• dismissal of appeal advanced on basis of improper exercise of trial judge’s discretion and her failure to address abuse of process allegations

656621 B.C. Ltd. v. David Moerman Painting Ltd., 2022 BCSC 1683

• dismissal of $15.0 Million USD damage claim for losses incurred due to negligent handling of combustible materials and large scale fire at luxury resort property

656621 B.C. Ltd. v. David Moerman Painting Ltd., 2022 BCSC 318

• ruling subsequent to five day voir dire challenging the admissibility of expert evidence on grounds of bias and advocacy

Prosperity Electric v. Aviva Insurance Company of Canada, 2021 BCCA 237

• appeal concerning the judicial interpretation of “physical loss or damage” to property and the necessity of proving harmful, physical alteration prior to triggering property insurance coverage

Der v. Zhao, 2021 BCCA 82

• appeal concerning the common law duty of homeowners to take reasonable care in removing snow and ice from municipal sidewalks adjacent to their residences

Woo v. Crème De La Crumb Bakeshop Ltd., 2020 BCSC 1595

• determination of catastrophically injured plaintiff’s entitlement to recover future, full time, residential healthcare costs pursuant to the Continuing Care Act and the Continuing Care Fees Regulation

Prosperity Electric v. Aviva Insurance Company of Canada, 2020 BCSC 1171

• summary dismissal of insured’s claim to coverage for smoke and soot contaminated electrical stock

Woo v. Crème De La Crumb Bakeshop Ltd., 2020 BCCA 172

• appeal of liability finding based on standard of care and causation rulings of the trial judge and response to cross appeal of 50% contributory negligence finding by the trial judge

Woo v. Crème De La Crumb Bakeshop Ltd., 2020 BCSC 42

• challenge on the admissibility of a Ministry of Health certificate for recovery from defendant under the Health Care Costs Recovery Act

Der v. Zhao, 2019 BCSC 1996

• summary dismissal for lack of duty owed in respect of tetraplegic’s negligent snow and ice removal claim

Woo v. Crème De La Crumb Bakeshop Ltd., 2019 BCSC 1752

• trial of negligent work place safety claim advanced on behalf of catastrophically injured volunteer worker

Wei v. Li, 2019 BCCA 114

• appeal of an order enforcing judgment from Chinese Intermediate People’s Court in British Columbia and challenge of amount of interest ordered to be paid on Chinese judgment

Goddard v. Bayside Property Services Ltd., 2019 BCCA 148

• responding to appeal of judgment dismissing plaintiff’s action for damages from a slip and fall on stairs outside his residence

Budget Rent A Car System, Inc. v. Philadelphia Indemnity Insurance Company, 2018 BCSC 1564

• determination of conflict of laws issues between California and British Columbia on claims advanced by U.S. insurers against other U.S. insurer

Lam v. Westbank Projects Corporation, 2018 BCSC 1708

• dismissal of slip and fall claim advanced against prominent land development company

Budget Rent a Car v. Philadelphia Indemnity Insurance, 2018 BCSC 163

• dismissal of jurisdictional challenge of claims for equitable contribution and unjust enrichment advanced by U.S. insurers against other U.S. insurers

Wingrave v. Pure Painters Inc., 2018 BCSC 58

• summary dismissal of claim for toxic poisoning made against strata corporation and its property manager

Ackley v. Audette, 2017 BCCA 283

• appeal of liability determination and damages award for pedestrian injured in motor vehicle accident

Wynward Insurance Group v. MS Developments Inc., 2016 BCCA 513

•  dismissal of insured’s appeal related to property damage coverage denial

Janda Group Holdings Inc. v. Concost Management Inc., 2016 BCSC 1503

• dismissal of an injunction to close down a construction site because of ongoing air space trespass by a construction crane

Letain v. Quatsino Lodge Ltd., 2016 BCSC 648

• dismissal of occupier and pet owner liability claims made against prominent BC fishing lodge and its owners

Hirji v. Owners Strata Corporation VR44, 2016 BCSC 548

• application for payment of special costs based on reprehensible conduct of plaintiffs throughout proceeding

West Creek Farms Ltd. v. Lloyd’s Underwriters, 2016 BCSC 48

• challenge of insurer’s coverage denial for claim involving damaged crops and monetary loss

Imbamar S.A. v. Coutinho & Ferrostaal GmbH, 2015 BCSC 2218

• application for payment of special costs based on unfounded allegations of fraud

Hirji v. The Owners Strata Corporation Plan VR44, 2015 BCSC 2043

• assumed conduct of defence shortly before trial and obtained dismissal of an eight year old lawsuit against a strata corporation, its directors and others for extensive damages

Coutinho & Ferrostaal GmbH v. Tracomex (Canada) Ltd, 2015 BCSC 787

• international commercial fraud claim to obtain property situated in BC plus damages

Wynward Insurance Group v. MS Developments Inc., 2015 BCSC 324

• property insurance coverage dispute involving freezing and earth movement

Owners of Strata Plan BCS 2077 v. Polygon Glenlloyd Park Ltd., 2012 BCSC 945

• dismissal of third party notices for damages over $5 million

Bosworth v. Jurock, 2011 BCSC 1583

• class action certification application in real estate development suit

Saanich (District) v. Aviva Insurance Company, 2011 BCCA 391

• appeal from a duty to defend application

Chouinard v. O’Connor, 2011 BCCA 161

• appeal of procedural order that precluded suit against sports association

Terrapin Mortgage v. Ruby Lake Country Developments, 2011 BCCA 4

• appeal of conduct of sale order in foreclosure proceedings

Buchy v. Villars, 2009 BCCA 519

• appeal from the dismissal of commercial host liability claim

Buchy v. Villars, 2008 BCSC 385

• dismissal of commercial host liability and battery claim

Finkelstein v. Rialp, 2008 BCSC 303

• dismissal application of emotional distress claim against teacher

Russel Metals Inc. v. Ball Construction Inc., 2007 CanLII 51700 (ONSC)

• Insurance coverage dispute in respect of construction deficiencies at an Ontario steel processing facility

Harris v. British Columbia (WCAT), 2004 BCSC 1618 and 2005 BCSC 359

• dismissal of claim on basis of WCB statutory action bar

Advanced Coatings Inc. v. Fournell, 2004 BCCA 30

• anti-suit injunction to prevent lawsuit filed in State of Georgia

BC Rail Partnership v. Standard Car Truck Co, 2003 BCSC 150

• dismissal based on jurisdictional grounds