Peter Gibson
Peter Gibson
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Peter Gibson's practice is predominantly in the area of insurance law where he has experience in coverage disputes, defending claims and pursuing subrogated matters. He has acted for insurers and insureds in coverage matters involving a variety of policies (automobile, commercial general liability, professional errors and omissions and disability).

His litigation experience on coverage, defence and subrogated matters has included trials and applications before the Courts of Alberta, the Northwest Territories, Nunavut and Saskatchewan. He also argued in the Courts of Appeal in Alberta, the Northwest Territories and Nunavut and at the Supreme Court of Canada. He also has extensive experience in alternative dispute resolution by judicial mediation and private mediation and arbitration.

Clients turn to Peter to protect their interest in litigation arising in a wide variety of contexts, including:

  • Major construction projects
  • Industrial accidents, fires and fatality claims
  • Employment relations
  • Personal injury
  • Defamation
  • Liability of professionals, municipalities, governments, schools, occupiers, hospitals, manufacturers and retailers
The Advocates Society
Member
Fire Investigation Association of Alberta
Member
Edmonton Community Legal Centre
Volunteer
Condominium Plan No 7920829 v.  Academy Contractors Inc., 2017 ABQB 583
Martin v Sievers, 2014 ABQB 357, Alberta Court of Queen’s Bench
645639 Alberta Ltd. (Aurora Transportation) v. Co-Operators General Insurance Company, 2013 ABQB 627, Court of Queen’s Bench of Alberta
Arcelormittal Tubular Products Roman S.A. v. Fluor Canada Ltd., 2013 ABCA 279, Court of Appeal
Canadian Natural Resources Limited v. Arcelormittal Tubular Products Roman S.A. (Mittal Steel Roman S.A.), 2012 ABQB 679, Alberta Court of Queen's Bench
Ootoova Estate v. Mosher Engineering Ltd., 2011 NUCA 6, Nunavut Court of Appeal
Fullowka v. Pinkerton's of Canada Ltd., 2010 SCC 5, Supreme Court of Canada
Wainwright (Town) v. 876947 Ontario Ltd., 2010 ABCA 23, Alberta Court of Appeal
Wainwright (Town) v. 876947 Ontario Ltd., 2009 ABCA 18, Alberta Court of Appeal
Fullowka v. Royal Oak Ventures Inc., [2008} N.W.T.J. No. 27, Northwest Territories Supreme Court
Saddleback v. Labine, 2008 ABQB 698, Alberta Court of Queen's Bench
Wainwright (Town) v. G-M Pearson Environmental Management Ltd., 2008 ABQB 446, Alberta Court of Queen's Bench
Wainwright (Town of) v. G-M Pearson Environmental Management Ltd., 2007 ABQB 576, Alberta Court of Queen's Bench
Wainwright (Town) v. G-M Pearson Environmental Management Ltd., [2007] A.J. No. 1083, Alberta Court of Queen's Bench
Base v. Hadley, [2006] N.W.T.J. No. 3, Northwest Territories Supreme Court
Fullowka v. Royal Oak Ventures Inc., [2006] N.W.T.J. No. 24, Northwest Territories Supreme Court
Fullowka v. Royal Oak Ventures Inc., [2005] N.W.T.J. No. 57, Northwest Territories Supreme Court
Base v. Hadley, [2004] N.W.T.J. No. 23, Northwest Territories Supreme Court
Fullowka v. Royal Oak Ventures Inc., 2004 NWTSC 66, Northwest Territories Supreme Court
Fullowka v. Royal Oak Ventures Inc., [2003] N.W.T.J. No. 48, Northwest Territories Supreme Court
Rockwell v. Klopstra, [2003] A.J. No. 686, Alberta Court of Queen's Bench
Dear v. Styre, [2002] A.J. No. 691, Alberta Court of Queen's Bench
Lombard General Insurance Co. of Canada v. Varco Canada Ltd., [2002] A.J. No. 945, Alberta Court of Queen's Bench
Williamson v. Best Plumbing & Heating Supplies Ltd., [2002] A.J. No. 291, Alberta Court of Appeal
Sunshine Village Corp. v. Canada (Minister of Environment), [2001] A.J. No. 651, Alberta Court of Queen's Bench
Willier v. Lajeunesse, [2001] A.J. No. 1357, Alberta Court of Queen's Bench
Wong v. Mejia, [2001] A.J. No. 665, Alberta Court of Queen's Bench
Dear v. Styre, [2000] A.J. No. 1334, Alberta Court of Queen's Bench
Guinan v. Northwestel Inc., [2000] N.W.T.J. No. 56, Northwest Territories Supreme Court
Guinan v. Northwestel Inc., [2000] N.W.T.J. No. 57, Northwest Territories Supreme Court
Malik v. Alberta Motor Association Insurance Co., [2000] A.J. No. 1203, Alberta Court of Queen's Bench
Williamson v. Best Plumbing & Heating Supplies Ltd., [2000] A.J. No. 495, Alberta Court of Queen's Bench
Baker v. Yacyshen, [1999] A.J. No. 1289, Alberta Court of Queen's Bench
Shum v. Mitchell, [1999] A.J.No. 1105, Alberta Court of Queen's Bench
Stewart v. Fort McPherson (Hamlet), [1999] N.W.T.J. No. 91, Northwest Territories Supreme Court
Wild Rose School Division No. 66 v. Bert Pratch Construction Co., 1998 ABQB 831, Alberta Court of Queen's Bench
Valic v. Northwest Territories Housing Corp., [1997] N.W.T.J. No. 53, Northwest Territories Supreme Court
Check v. Sun Life Assurance Co. of Canada, [1995] A.J. No. 1400, Alberta Court of Queen's Bench
October 2016
Civil Litigation in Alberta - Surprises, Secrets and Strategies
Presentations
November 2014
Subcontractor Default Insurance vs. Performance Bonds, what is the impact on the Subcontractor?
September 2014
Litigating Post-Traumatic Stress Disorder Claims
March 2014
Construction Contracts and Insurance: Understanding the Implications of Defence and Indemnity Provisions
June 2012
Material Contribution is the Unicorn of Canadian Tort Law
June 2012
Annapolis County District School Board v. Marshall, 2012 SCC 27
October 2011
Condominium Losses - Working With Multiple Policies and Reluctant Property Managers
February 2011
Alberta Rules of Court
November 2010
A New, and Wider, Approach to Duty of Care,  Fullowka v. Pinkerton's of Canada Ltd. 2010 SCC 5
October 2010
Witness Statements, Traps and Tips for Adjusters
September 2010
Bullen & Leake & Jacob's Canadian Precedents of Pleadings
February 2010
Fullowka v. Pinkerton's of Canada Ltd.
November 2009
Privacy and Surveillance
September 2009
Surveillance, Privacy, Spoliation and Privilege
February 2009
"Indecent Exposure": Privilege as Applied to Claims Adjusting
September 2008
Your Insured Has Been Sued for a Loss Intentionally Caused by Someone Else, What is Your Exposure?
August 2008
Intentional Damage
June 2008
Will Your Insured Be Held Liable for Damages Intentionally Caused by Someone Else?
September 1999
Joint and Several Tortfeasors and the Possible Impact of Settlement
1999
Protecting Your Business- Are You Sure You Are Insured?
1999
Joint and Several Tort Feasors, Traps for the Unwary
1997
The Law of Privilege as Applied to the Claim Adjustment Process

A landmark Supreme Court case involving complex tort law issues

Our client: The Government of Northwest Territories and its Department of Mine Safety were among the defendants in a civil action following the 1992 bombing that killed nine miners working in the Royal Oaks Mines' operations at the Giant Mine in Yellowknife.

Where we began: The Workers’ Compensation Board of the Northwest Territories,  having paid pensions to the miner's widows, instituted a massive subrogated civil lawsuit in their names against our client and others, alleging that some or all of them were liable along with the miner convicted of the murders for either inciting his act or for failing to prevent it. The trial judge found that our client and the other defendants were liable, as they owed a duty of care in tort, negligently breached that duty and that their actions or inactions met the "material contribution" test for causation. However, the Court of Appeal reversed on all three points, a decision which the plaintiff appealed to the Supreme Court of Canada.

Our approach: In a five-month trial, Peter and fellow Field partner Christine Pratt argued that the Government's mine safety inspector wasn't responsible for the murders and didn't do anything wrong. This was a hard-fought case involving hard facts, and contested on each element of liability, including duty of care, standard of care, breach, causation and remoteness. The trial judge, in a 400 page decision, found all elements of the case had been met. The GNWT and other Defendants appealed and the Court of Appeal reversed the Trial Judge on every one of those elements. The matter then went to the Supreme Court of Canada.

The result: Supreme Court of Canada found the Trial Judge had not erred in holding that the GNWT owed a duty of care to the deceased miners, but agreed with the court of Appeal that the Trial Judge was wrong in finding that it had failed to meet the standard of care and had applied the incorrect test for causation. Fullowka v. Pinkerton’s of Canada Ltd., [2010] S.C.C. 5.

Education
University of Alberta, 1993, Bachelor of Laws
Queen's University at Kingston, 1988, Bachelor of Arts
Admissions
Alberta,1994
Northwest Territories,1997