Cecilia Hoover (She/Her)
Cecilia is a managing partner in Dolden Wallace Folick’s Calgary office. Cecilia’s insurance defence experience includes professional liability (civil and regulatory matters), errors & omissions, property loss, construction disputes, directors & officers liability, catastrophic bodily injury, occupiers liability, liquor liability and coverage matters.
Cecilia is pragmatic and efficiently resolves claims for her clients. Cecilia appreciates the importance of understanding her clients’ commercial interests and objectives as well as their underlying business.
Cecilia has conducted mediations, arbitrations and other complex settlement negotiations with favourable results for her clients. Cecilia has appeared in the Ontario Superior Court, the Alberta Court of Queen’s Bench and the Ontario Court of Appeal.
Professional Liability , E&O
- Defending physicians, naturopaths and chiropractors in various complex negligence claims as well as regulatory matters
- Defending lawyers and accountants against allegations of negligence
- Defending financial advisors and insurance brokers against E&O (and fraud claims)
- Defending architects, engineers and contractors against allegations of negligence and contractual breach
- Defending law enforcement officers against allegations of excessive force, wrongful arrest, false imprisonment, improper search & seizure and charter breaches
- Defending teachers and principal in a high profile matter involving catastrophic injury to a student
Directors & Officers
- Representing Directors in class action relating to misrepresentations contained in prospectus
- Representing Directors & Officers against allegations of bad faith and conflict of interest
- Representing corporate entities, CEO and President against allegations of fraudulent conveyance and knowing receipt/assistance
- Providing opinions relating to D&O coverage
Property Loss / Environmental
- Defending subrogated claim brought against Insurer client – successfully negotiated favourable settlement based on ACV and discount principles
- Advancing subrogated claim on behalf of various insurers relating to property loss at industrial park
- Defending corporations relating to allegations of environmental nuisance and related property losses
- Defending various claims relating to property loss including residential (condominium developments), commercial and industrial properties
- Providing coverage opinions relating to property losses due to fire (including suspected arson), flooding and theft as well as other natural disasters and intentional events
Construction Disputes
- Representing contractors and trades against allegations of negligent performance and delay
- Representing architects and engineers against allegations of negligent design and failure to ensure compliance
- Providing coverage opinions relating to CGL, Wrap-up Policies and COC Policies
Product Liability
- Representing manufacturers and suppliers of pipe for complex construction projects including O&G gathering systems and mining projects
Occupier’s Liability
- Representing various occupiers (school boards, big chain grocery and department stores) against claims brought by plaintiffs alleging breach of statutory and common law duties
Memberships and Affiliations
- Called to Ontario Bar 2006
- Called to Alberta Bar 2011
- Council Member of Alberta branch, Canadian Bar Association Executive Committee
- Member of Canadian Bar Association Insurance, Civil Litigation and Construction sections
Presentations
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- Presentation to Ontario Bar Association and presented internally to associates “Working Effectively with Experts”
- Presentation to Insurer clients:
- “Faulty Workmanship – Post Ledcor”
- “Recent Cases and Issues – Insurance Broker Negligence”
- “E&O in Canada- Recent Cases and Issues”
- Presentation at the Annual AAMDC convention (Insured Municipalities): “Municipal Liability and Statutory Defences under the MGA”
- Presentation at the Canadian Litigation Counsel Update on Insurance Law Summit: “Employers’ Rights of Subrogation for Disability Payments”
- In-house presentation: “Liability: Understanding Voluntary Assumption of Risk and Inherent Risk”
- Presentation to Enbridge in-house legal: “Contract Interpretation and Drafting”
Recent Publications
Co-Author: “Electronic Waiver and Release Leads to Dismissal of Action” (Dolden Wallace Folick Newsletter, December 2017)
Representative Court and Hearing Experience
- Quilichini v Wilson’s Greenhouse & Garden Centre Ltd. and Velocity Raceway Ltd., 2017 SKQB 10
- Great American Insurance Company v Ramsoondar, 2016 ABQB 73
- Bafaro v. Dowd, 2008 CanLII 45000 (ON SC)
- Metropolitan Toronto Police Widows and Orphans Fund v. Telus Communications Ltd., 2009 ONCA 111
- Apotex Inc. v. Laboratoires Fournier S.A., 2006 CanLII 38354 (ON SC)
- Allen v. Aspen Group Resources Corporation, 2009 CanLII 67668 (ON SC)
- W. v. D.S., 2010 CanLII 43206 (ON HPARB)
- K. v. L.V.K., 2010 CanLII 44390 (ON HPARB
