Albert Wallrap
Albert’s practice focuses on insurance defence of construction, professional liability, environmental, and property damage claims. He draws on a background in civil engineering (structural) and construction management to support his work.
He has more than 20 years of litigation experience in Ontario and British Columbia and has appeared at all levels of court in both provinces. His experience is primarily in construction law and insurance defence, coverage and subrogation.
Albert has extensive trial and appellate experience. He is a strong and trusted advocate for his clients and offers practical and timely advice, grounded in cost-effective solutions.
His recent matters have involved disputes over the design and construction of stay cable bridges, light rapid transit projects, municipal roadways, community centres, hospitals, skating rinks/paths, wind turbines, solar and hydroelectric projects, farm buildings and greenhouses, as well as residential, commercial, and industrial buildings. He has handled construction lien, trust, bond, delay and loss-of-productivity, breach of contract and negligence claims involving those at all levels of the construction pyramid with emphasis on engineers and architects. Also, he has acted for insurers and sureties in subrogation and coverage matters, and those involving insolvency, bankruptcy and foreign entities.
Albert has also been retained in major fire loss, water damage, and environmental contamination claims. In addition, he has broad experience defending occupiers’ liability and catastrophic personal injury claims.
Before joining Dolden Wallace Follick, Albert worked at prominent insurance defence and construction firms in Toronto and Vancouver.
Representative Reported Decisions
Nuyork Investments Limited v. Toronto Hydro-Electric System Ltd., 2021 ONSC 3235 (motion for leave to issue third party claims in a complex property damage case)
Gendron v. Doug C. Thompson Ltd. (Thompson Fuels), 2019 ONCA 293 (appeal and defence of cross-appeal on liability and damages in environmental contamination case)
Liu v The Personal Insurance Company et al, 2017 ONSC 4232 (motion for declaration of ownership of vehicle for insurance coverage)
Gendron v Thompson Fuels, 2017 ONSC 4009 (successful defence of oil supplier/technician in an environmental contamination case, with the court finding the owner 60% contributorily negligent)
Gendron v Doug G. Thompson Ltd. (Thompson Fuels), 2016 ONSC 7056 (motion for pleadings amendment before trial)
Technical Standards and Safety Authority v Kawartha Lakes (City), 2016 CanLII 65265 (successful motion before the Environmental Review Tribunal for non-compliance under the Environmental Protection Act)
Technical Standards and Safety Authority v Kawartha Lakes (City), 2016 CanLII 12963 (successful motion before the Environmental Review Tribunal to restrict the scope of appeal under the Environmental Protection Act)
Cirque du Soleil Inc. v Volvo Group Canada Inc., 2015 ONSC 2698 (successfully opposed a motion to dismiss the action based upon jurisdiction and legal capacity to sue given foreign insolvency)
Epstein Equestrian Enterprises Inc. v. Frank Jonkman and Sons Limited, 2013 ONSC 78 (successful defence of a claim involving design and construction of an equestrian arena seeking more than $20 million in damages, with the court finding no liability after three months of trial)
Epstein Equestrian Enterprises Inc. v. Frank Jonkman and Sons Limited, 2012 ONSC 5191 (successful motion to de-bifurcate liability and damages issues just before trial)
Epstein Equestrian Enterprises Inc v Cyro Canada Inc, 2012 CanLII 44947 (successful motion to withdraw deemed admissions prior to retainer)
Reaburn v. Langen, 2009 BCCA 465 (appeal in defence against allegations of defamation)
Richard Niebuhr Enterprises Ltd. (c.o.b. Niebuhr Constructions v. Vancouver (City) Board of Variance, 2007 BCCA 528 (standing issues relating to neighbour opposing development)
Kaminski v. Association of Professional Engineers, 2010 BCSC 468 (defence of structural engineer against allegations of unprofessional conduct)
R.v. Lewis et al., 2009 BCPC 386 (application challenging boating restrictions)
MWH International, Inc. v. Lumbermens Mutual Casualty Co., 2006 BCCA 205 (application for insurance coverage in failure of approach channel to hydroelectric dam)
Education
LL.M. (Master of Laws) University of British Columbia, 1997
LL.B. (Bachelor of Laws) Queen’s University, 1994
B.Eng. (Bachelor of Engineering, Civil-Structural) McGill University, 1991
Teaching and Publications
“Better simplified procedure needed in civil courts”, Law Times (Quoted) (April 8, 2019)
“Interpretation Clarified”, Canadian Underwriters (October 1, 2014)
“Settlement Privilege”, Canadian Underwriters (January 31, 2014)
Seeking Summary Judgment”, Canadian Underwriters (April 1, 2012)
Legal Research & Writing Instructor / Guest Lecturer, Osgoode Hall Law School (1999-2002)
Co-authored chapter in Canadian Health Law & Policy (Butterworths, 1999 and 2002)
Memberships
Law Society of Ontario (Called to the bar in 2010)
Law Society of British Columbia (Called to the bar in 2004)
Canadian Bar Association (Ontario)
Toronto Lawyers’ Association
Canadian Society for Civil Engineering
ALBERT WALLRAP’S PRACTICE AREAS INCLUDE:
Class Action Defence
Commercial General Liability
Construction
Coverage
Environmental
Municipal Liability
Product Liability
Professional Liability
Property Specialty
Regulatory and Administrative Liability
Sports and Recreational Liability
Subrogation
