Ryan A. Shaw

OVERVIEW

Ryan’s practice focuses on construction law, commercial litigation, real estate disputes, and insurance defence. He serves as chair of the firm’s Construction Law Practice Group, reflecting his deep knowledge of the construction industry and extensive experience advising owners, developers, contractors, insurers, and other industry stakeholders. Ryan completed his articles with RBS in 2014 and, following his call to the bar, joined the firm as an associate before becoming a partner in the Litigation & Dispute Resolution Group.

Over the course of his career, Ryan has developed a reputation for delivering practical, results-oriented advice tailored to his clients’ business objectives. He regularly acts for large institutional clients, international developers, contractors, and private landowners, and has appeared before all levels of court in British Columbia.

Ryan also has experience with alternative dispute resolution processes, including mediation and arbitration. He is committed to helping clients navigate complex disputes efficiently and effectively, with a focus on achieving practical and commercially sound outcomes.

Outside of the office, Ryan is a devoted family man who enjoys spending quality time with his wife and three daughters. He is also actively involved in his daughters’ activities, including coaching one of their softball teams. Whether spending time on the field or vacationing together, Ryan values the opportunity to stay connected with his family and community.

 REPRESENTATIVE CLIENT WORK

Construction

Ryan represents property developers and contractors in construction disputes, with expertise in remedies under the Builders’ Lien Act. He advises across all stages of construction – from tendering and contract negotiation to claims management and dispute resolution – delivering practical, commercially minded guidance to help clients navigate challenges at any phase of a project.

Experience in this area includes:

• Acting as counsel for a developer client in obtaining a ruling declaring a builder’s lien invalid and clarifying the law allows for multiple “head contracts” on a construction project (Century Group GP Co. Ltd. v. KRS Excavating Ltd. (22 June 2021), British Columbia S206619 (BCSC); and
• Successfully applying to recover costs and damages resulting from the wrongful lien filing and setting a new precedent which enables an owner to recover legal expenses incurred investigating and removing a wrongfully filed builders lien (Century Group GP Co. Ltd. v. KRS Excavating Ltd., 2022 BCSC 357

Real Estate Litigation

• Ryan has broad experience working with property managers, tenants and landlords handling commercial lease disputes including failure to pay rent, rent distress, abandoned premises, abandoned goods in a premises, surrender agreements and ownership of fixtures on premises. His client work also includes advising developers, purchasers and sellers in claims arising from the sale of residential and recreational real estate in B.C.
• Ryan also works with developers and other property owners in litigation brought under the BC Environmental Management Act (“EMA”) in respect of contaminated property. Recent experience in this area includes Ryan’s successful application to retroactively restore a company that was dissolved more than 17 years prior to the application, as well as the directorship of its sole director, to avoid the application of previously settled law. This landmark decision set a new precedent which enabled our client to pursue a cost-recovery action under the EMA against both the company and its director (Foster v. Tundra Turbos Inc., 2018 BCSC 563)

Insurance

Ryan has acted for some of the top insurance companies in the world and has defended their insureds against third party property and personal injury claims.

• Obtaining 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 (B.C. Ltd. v. David Moerman Painting Ltd., 2022 BCSC 1683)
• Obtaining dismissal of an eight year old lawsuit against a strata corporation, its directors and others for extensive damages following a 22-day Supreme Court trial (Hirji v. The Owners Strata Corporation Plan VR44, 2015 BCSC 2043)
• Successfully arguing for special costs against the plaintiffs in the above noted action (Hirji v. The Owners Strata Corporation Plan VR44, 2016 BCSC 548)
• Defending contractors in multi-party property damage claims involving building defects
• Defending strata corporations, property managers, and strata council members against allegations of breach of statutory duty, breach of contract and negligence from strata property owners, including handling cases through Small Claims trial and appeal
• Defending commercial property owners against slip and fall claims

PUBLICATIONS & ARTICLES 

•  “Is a Sun Deck “Within” a Dwelling?” – Insurance Newsletter, 2023
• “Court Establishes Significant Costs Consequences for Wrongfully Filed Builders Liens” – Insurance Newsletter, 2022
• “Court of Appeal Confirms Replacement Cost Available Without Rebuild” – BC Broker E-Magazine, 2021
• “Waivers and “Own Negligence” clauses – Court of Appeal Clarifies Legal Test” – Insurance Newsletter, 2020
• “Dissolved Companies and Their Former Directors and Officers Exposed to Liability for Costs to Remediate Contaminated Sites under the B.C. Environmental Management Act” – Insurance Newsletter, 2018
• “Statutory Environmental Liability and the CGL Pollution Exclusion” – Insurance Newsletter, 2018
• “A New Duty of Care Recognized for Auto Dealers to Thieving, Delinquent Minors” – Insurance Newsletter, 2017
• “Replacement of Destroyed Buildings” – Insurance Newsletter, 2016
• “New Boundaries for the Household Resident Exclusion in British Columbia?” – Insurance Newsletter, 2016
• “Defend an occurrence outside the policy period?” – Insurance Newsletter, 2015
• “Well, I Do Declare” – Insured’s Business Operations”” –  Insurance Newsletter, 2014

CLIENT TESTIMONIALS