The firm members pride themselves on being innovative problem solvers who address the concerns of our clients in an effective and cost-efficient fashion. As we partner with our clients we believe in the practice of aggressive defence strategies to achieve the best possible result. Alternative dispute resolution mechanisms including mediations, judicial dispute resolutions and arbitrations are employed regularly as means of meeting our clients’ needs. We offer expertise in all of the following areas:
AUTOMOBILE LIABILITY
This is one of our major areas of practice. Our experience is diverse in this area having dealt with a multitude of fact situations requiring a determination of liability. We are also highly experienced in the assessment of contributory negligence involving motor vehicle accidents including seatbelt use and impaired operation of a motor vehicle. We also have substantial experience in low speed impact cases. Our firm has experience with all levels of complexity of these types of claims including those covered by the Minor Injury Regulation or "CAP" claims. Any of our lawyers can be contacted with respect to this area of practice.
AVIATION LAW
Our firm has extensive experience and knowledge in dealing with all aspects of aviation related claims. In addition to being able to deal with the insurance coverage issues, we also specialize in major and minor aviation accident claims involving pilot error, environmental conditions, and equipment malfunction or failure, all of which may result in either property damage or personal injury or death. Our firm can offer litigation experience with aviation related injury claims as well as aviation property loss claims. We can offer counsel who has practical experience in the aviation industry as an engineer and a commercial pilot and are therefore able to deal with the technical aspects of aviation claims.
Tom Schmit
DEFAMATION LAW
Persons may make comments orally or in writing about another that give rise to a suit based on defamatory remarks. The law of defamation is complex and often misunderstood. We have extensive experience primarily in defending corporations and individuals sued in this area.
Ray G. Baril Q.C.
Kelly J. Robinson
Debra G. Woodske
DIRECTORS AND OFFICERS LIABILITY
A number of the members of the firm have experience in the areas of Directors and Officers Liability. Their knowledge extends to all aspects of D & O Insurance including the defences of Directors' and Officers' tortuous actions and defence of Directors and Officers in actions by Shareholders including derivative actions and "oppression" actions. In addition the firm has provided advice and opinions regarding coverage, limits of liability and the duty to defend pursuant to wordings of Directors and Officers policies of insurance.
Ray G. Baril Q.C.
Kenneth A. Holmstrom
Corinne S. Petersen
GENERAL/COMMERCIAL LIABILITY
The lawyers of the firm have knowledge in defending claims that are advanced involving businesses, farms and various other commercial operations. The experience of the members of the firm include dealing with the Commercial General Liability policy as well as "all risks" policies provided to the business community. We have been retained in multi-million dollar litigation in this area involving oil and gas operations. Issues of coverage and requirements to provide a defence are areas commonly dealt with.
Ray G. Baril Q.C.
Kenneth A. Holmstrom
Corinne S. Petersen
Lisa A. Redmond
Kelly J. Robinson
INSTITUTIONAL CLAIMS
Claims against institutions such as schools, hospitals, nursing homes, and long term care facilities are becoming an everyday occurrence. Our lawyers have substantial experience in defending such claims.
Ray G. Baril Q.C.
Bruce A. James
Lisa A. Redmond
Tom Schmit
INSURANCE COVERAGE ISSUES
Coverage issues can be important in both first party and third party claims. All of the lawyers at Chomicki Baril Mah have knowledge and experience in dealing with coverage issues with respect to all types of insurance policies including comprehensive general liability, directors and officers liability, professional liability, personal lines, property, life and disability.
INTERPROVINCIAL/INTERNATIONAL ISSUES
Modern commerce has seen borders between Provinces and Countries dropped or modified significantly. This has led to interesting commercial and insurance issues. Examples include enforcement of cross-border judgments and coverage issues under a policy of insurance. Our firm has experience in dealing with such issues. Our members include practicing lawyers in most of the western provinces and territories.
Ray G. Baril Q.C.
Kenneth A. Holmstrom
Tom Schmit
LIQUOR LIABILITY AND HOST LIABILITY
This area of the law is one of the most rapidly changing areas today and has attracted much public interest. The liability for service of alcohol or the consequences of alcohol use has been expanding; both in terms of the type of servers who can be held liable and the acts for which they may be held liable.
Ray G. Baril Q.C.
Corinne S. Petersen
Bruce A. James
David O. Diediw
OCCUPIERS LIABILITY
This area of the law involves actions which may be brought against the occupier of a home or commercial premises where losses occur on those premises. Losses can involve both property damage and personal injury. Occupiers liability can come into play in claims involving dog bites, slip and falls, and liquor liability.
Bruce A. James
Leslie C. Paetz
Kelly J. Robinson
Debra G. Woodske
PERSONAL/BODILY INJURY ASSESSMENT
Precedents have been set by the courts which assist in the quantification of injury claims. These precedents combined with experience in the field of quantum assessment allow the lawyers at the firm to value claims stemming from personal injury or bodily injury whether they relate to motor vehicle accidents, slip and falls, or work place injuries. All of our lawyers have experience in assessing personal injury claims and can assist in clarifying the important issues surrounding quantification.
PRODUCTS LIABILITY
We represent manufacturers, importers and distributors of various products both nationally and internationally including Asia. Products defended include automobiles, motorcycles, after market automobile parts, appliances, heavy equipment, farm equipment, recreational vehicles and other consumer goods.
Ray G. Baril Q.C.
Kenneth A. Holmstrom
Corinne S. Petersen
Kelly J. Robinson
PROFESSIONAL LIABILITY/ERRORS AND OMISSIONS
Claims made against professionals require specialized experience. We have substantial experience in the defence of many professionals including Engineers, Architects, Lawyers, Insurance Agents and Brokers, Financial Service Providers, Veterinarians, Physiotherapists, Pharmacists, Psychologists, Realtors, Appraisers, and Accountants, among others.
Ray G. Baril Q.C.
Kenneth A. Holmstrom
Corinne S. Petersen
Leslie C. Paetz
Kelly J. Robinson
David O. Diediw
PROPERTY LOSS ASSESSMENT
The firm provides legal advice and representation to clients regarding liability and property loss assessment. Our firm is committed to working with our clients to provide an early and efficient assessment of liability and damage issues along with solution oriented recommendations. We concentrate on developing practical resolution strategies and providing ongoing risk and damage assessment. All lawyers at the firm have experience in this area.
SEXUAL ABUSE CLAIMS
Claims arising from sexual abuse are often quoted as being the tort (claims) of the new millennium. They raise diverse issues including limitation defences and are frequently historical in nature. We have extensive experience in defending claims advanced against institutions and individuals in this developing area of the law.
Ray G. Baril Q.C.
Bruce A. James
Lisa A. Redmond
Tom Schmit
SUBROGATION ISSUES
In some cases insurers can do more than defend claims. Subrogated claims are actions brought by insurers in the name of their insured to recover funds paid out under a policy. In many cases subrogated claims result in Judgment and collection steps against a debtor. All of our lawyers at Chomicki Baril Mah have experience with subrogated claims.
SURETY FIDELITY AND GUARANTEE LAW
Kenneth A. Holmstrom and Nanette Kufeldt have experience in handling Performance Bond and Labor and Material Bond claims on behalf of a Surety, including negotiating with Obligees, which includes arranging for and monitoring completion of defaulted construction contracts, examining and settlement of sub-contractors' claims, preserving contract funds, and negotiating and settling Builders' Lien claims. As well we have experience with subrogation proceedings against Indemnitors. We have defended and/or settled claims arising out of Fidelity losses and miscellaneous bond losses, employee dishonesty and fraud losses.