Jill Shore
3Jill has over 25 years of experience litigating complex commercial liability claims, including class actions and insurance coverage disputes. In addition to acting as litigation counsel, part of Jill’s practice includes acting as coverage and monitoring counsel for a variety of insurers under specialty, commercial and professional lines policies, acting as breach coach under cyber insurance policies, and advising insurers with respect to policy wordings and drafting policy amendments. Jill is recognized as a leading Commercial Insurance lawyer in Canada by Lexpert.
Selected Experience:
Class Action Defence:
- Defending manufacturer of natural health sleep product in a class action alleging the product contains undisclosed active ingredients;
- Defending a ticketing agent in a class action arising out of the cancellation of a major sporting event;
- Defending religious organizations in the defence of an historical sexual abuse class action: Liptrot v. Vancouver College Limited, 2023 BCSC 346;
- Defending public school board trustees in the defence of an historical sexual abuse class action;
- Defending a cannabis producer in a class action alleging products mislabelled with inaccurate concentrations of active ingredients;
- Defending a restaurant chain in a class action alleging personal injuries arising out of negligent handling of COVID-19 protocols;
- Defending franchisees in a class action alleging illegal and deceptive business practices: Pearce v. 4 Pillars Consulting Group, 2019 BCSC 1851; 2021 BCSC 136;
- Defending a pharmaceutical manufacturer in a class action alleging the product contains undisclosed contaminants;
- Defending a municipality in a class action alleging privacy breach arising from the accidental disclosure of personal health information of its employees;
- Defending a non-profit organization in a class action alleging accidental disclosure of members’ personal health information: John Doe 1 v. The University of British Columbia, 2019 BCSC 673;
- Defence of a mortgage broker in a class action alleging fraud and misrepresentation in the sale of investment products;
- Defending a Managing General Agent in a class action alleging fraud and misrepresentation in the sale of universal life insurance policies: Lee v. Transamerica Life Canada, 2017 BCSC 843;
- Defending a home warranty insurer in a class action seeking coverage under fraudulently issued policies for structural collapse of a 7-building residential development: Condominium Corporation No. 0321365 v. 970365 Alberta Ltd., 2013 ABQB 471;
- Member of the defence team for the Government of Canada in national tobacco class action litigation;
- Acting as coverage and monitoring counsel in relation to product liability, privacy, employment practices and securities class actions.
Commercial and Civil Litigation:
- Defending various organizations in defence of civil sexual abuse claims;
- Appeal of claim against lawyers alleging breach of fiduciary duty; Hutchison v. Moore, 2021 BCCA 301;
- Appeal of claim against a municipality for personal injury occurring on residential property leased by the municipality: Abdi v. Burnaby (City), 2020 BCCA 125;
- Defending a condominium corporation in land title dispute with the developer over ownership rights to commercial parking on common property: One West Holdings Ltd. v. The Owners, Strata Plan LMS2995, 2019 BCSC 707;
- Defending a human rights complaint against an employer alleging discrimination against employee on basis of sex and disability;
- Defending a law firm in social engineering fraud claim alleging breach of trust for making payment of clients’ trust funds to fraudster;
- Defending claims for breach of contract arising out of payment for consulting services in relation to corporate scientific research and development tax credits: rpr Developments Corp. v. Kvaerner Canada Inc.,2004 BCCA 38;
- Defending claims by partners and franchisees seeking damages for breach of contract and breach of fiduciary duty: Western Delta Lands v. 3557537, 2000 BCSC 1096;
- Defending an employer in social host liability claim for catastrophic personal injury: Jacobsen v. Nike Canada Inc., 1996 CanLII 3429;
- Co-counsel in leading case regarding the right to bring claims for contribution and indemnity against a settling party in multi-party litigation: BC Ferries Corp. v. T&N, 1995 CanLII 1810 (BCCA);
Coverage and Policy Wordings:
- Acting as coverage and monitoring counsel for insurers on cyber liability, D&O liability, professional liability, fidelity, general liability and home warranty claims in Canada;
- Drafting and revising cyber, D&O, EPL, EIL, Umbrella fiduciary liability and property policies for use in Canada;
- Representation of insurers in coverage litigation, including policy interpretation, the order for payment of multiple claims in excess of policy limits, and overlapping coverage issues: Certain Underwriters at Lloyd’s v. The Insurance Company of the State of Pennsylvania, 2016 BCSC 665; Westaqua Commodity Group Ltd. v. Sovereign General Insurance Company, 2014 BCSC 263; MWH International Inc. v. Lumbermens Mutual Casualty Company, 2006 BCSC 219; Commerce & Industry Insurance Company of Canada, Inc. v. Singleton Associated Engineering, 2005 ABQB 500;
Cyber and Privacy:
- Revising cyber liability policies and adaptation of foreign cyber liability policies for use in Canada;
- Acting as cyber breach coach to insureds on cyber insurance programs;
- Defending insureds in claims alleging breach of privacy and failure to protect personal information.
- Advising on coverage for privacy claims under cyber, fidelity, E&O, D&O and CGL policies.
Construction:
- Represents home warranty insurers in multi-million dollar claims regarding construction deficiencies, including water ingress and structural deficiencies;
- Defending various trades in actions relating to construction deficiencies and accidents during construction;
Professional Liability:
- Represents dentists in professional negligence claims;
- Defence of financial advisors in proceedings before the BC Securities Commission;
- Represents architects, engineers and other design professionals in multi-party construction litigation.
Environmental and Aboriginal:
- Representing industry in judicial review proceedings challenging permits, licences and leases issued to industry clients for use and access to natural resources: Blaney et al. v. Minister of Agriculture et al, 2005 BCSC 283; 2004 BCSC 1764; Metecheah v. BC (Minister of Forests)1997 CanLII 2719; Halfway River First Nations v. BC (Minister of Forests) 1999 BCCA 470; Tsawwassen Indian Band v. Canada (Minister of Finance), 1998 CanLII 7586 (FC);
- Appeared as co-counsel before the Supreme Court of Canada in a landmark case on aboriginal rights and title: Delgamuukw v. British Columbia [1997] 3 SCR 1010;
- Representing clients in the forestry, aquaculture and mining industries in response to civil disobedience, to remove public protests and to prosecute contempt proceedings: Blaney et al. v. Minister of Agriculture et al,2004 BCSC 1764 (CanLII); Slocan Forest Products Ltd. v. The Valhalla Wilderness Society 1998 CanLII 2079; 1997 CanLII 3582;
Bar Admissions
- British Columbia (1995)
Memberships
- Law Society of British Columbia
- International Association of Privacy Professionals
- Canadian Defence Lawyers
- Professional Liability Underwriting Society
- The Advocates’ Society
Education
- University of British Columbia (LLB, 1994)
- McGill University (BA, 1991)
- Universidad de Salamanca (C.L.E and C.L.C.E, 1989)
Volunteer Activities
- Member, Board of Directors, Jewish Community Centre of Greater Vancouver (2012-Present)
- Member, Western Canada Organizing Committee, Professional Liability Underwriting Society, Canada Chapter (2013-2022)
Publications and Special Engagements
- Reefer Madness 2.0: From 4/20 to 24/7 – BC’s Legal Cannabis Regime, a presentation to the BC Society of Fellows, October 23, 2018
- Demystifying Cyber Liability: Hackers, Ransomware, and Social Engineering Fraud, a presentation to the Insurance Institute of British Columbia, February 6, 2018
- PIPEDA: Are Businesses Prepared? Cyber Exposures and Canada’s New Mandatory Privacy Breach Reporting Regulations, a presentation to the BC Society of Fellows, December 7, 2017
- Cyber Liability – Legal Issues, a presentation to the American Risk and Insurance Association, Toronto, Ontario, August 7, 2017
- Cyber Liability – A Legal Update, a presentation to the Insurance Brokers’ Association of Saskatchewan, November 25 & 26, 2015.
- Canadian Cyber Liability: looking back to 2014 and forward to 2015, webinar for Insurance Institute of BC, February 12,2015.
- Cyber CBA L.@.W. Series webinar, November 26, 2014
- Information Protection and Privacy Legislation in Canada, Dolden Wallace Folick LLP Publication, November 2014
- Cyber Liability in Canada: Risks, Obligations, lessons learned and best practices, SLA 2014 Annual Conference, June 10, 2014
- Cyber Liability law in Canada, a presentation to the Insurance Institute of BC, April 29, 2014
- Cyber Liability Law and Insurance, a presentation to the BC Post-Secondary Sector hosted byKwantlen Polytechnic University and the University, College, and Institute Protection Program, Risk Management Branch, Government of BC. November 28, 2013
- The Typical steps in a Canadian Cyber claim: First party recover to third party liability, a presentation for the Professional Liability Underwriting Society, November 20, 2013
- Cyber Liability Law in Canada: a presentation for the Insurance Institute of B.C. January 23, 2013
- When Is It Okay For A Company To Hang Its Directors And Officers Out To Dry?, Dolden Wallace Folick LLP Publication, January 1, 2013
- Anatomy of a Cyber Liability Policy: a presentation to the Insurance Institute of BC, March 1, 2012
- Information Protection and Privacy Legislation in Canada, Dolden Wallace Folick LLP Publication, May, 2011.
- Top 10 Property Coverage Issues, Dolden Wallace Folick LLP Publication, February, 2011
