Karen L. Weslowski

Partner

Vancouver

Office

604.643.1290

[email protected]

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Industries & Expertise

Biography

BAR ADMISSION

British Columbia, 2001

Education

LL.B., University of British Columbia, 2000
B.A. (First Class), University of British Columbia, 1996

Languages Spoken

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Karen L. Weslowski, the Leader of Insurance at Miller Thomson, is an experienced practitioner in insurance coverage and defence, construction and commercial litigation. In her insurance defence practice, she represents a wide range of professionals, including engineers, architects, lawyers, insurance agents, appraisers, financial professionals and real estate agents. A large portion of her construction work in recent years has centred on large multi-party litigation. She has represented clients at all levels of court, including the British Columbia Supreme Court, the British Columbia Court of Appeal, the Federal Court of Canada, and the Supreme Court of Canada. As a former Equine Canada Level 1 coach and hunter/jumper competitor, Karen has a special interest in “equine law” and has represented clients with respect to various disputes involving horses.

Karen’s extensive publications on insurance, commercial law, and equine law posit her as a knowledgeable and forward-thinking legal professional. Through engaging presentations and contributions to legal discourse, Karen exemplifies a dynamic and client-focused legal professional.

Karen’s impressive professional footprint is marked by memberships in esteemed legal associations like the International Association of Defense Counsel. Her recognition in The Best Lawyers in Canada for Insurance Law and Corporate Litigation underscores her dedication to legal proficiency and client service.

Industry involvement

Recognition

Best Lawyers in Canada, Insurance Law, 2016 – 2025; Corporate and Commercial Litigation, 2022 – 2025
The Canadian Legal Lexpert Directory, Litigation – Commercial Insurance, 2022 – 2024
Recipient, Jacqueline Dearman Memorial Prize
Recipient, Graduating Class of ‘53 Scholarship
Recipient, Trial Lawyers Association of British Columbia Kenneth S. Fawcus Memorial Prize
Recipient, Hon. Thomas A. Dohm, Q.C. Scholarship in Law

Thought leadership

Editorial Contributions

Editorial Board Member, Insurance Law Journal (Federated Press)
Editor, CBA National Insurance Law Section newsletter, Underwritings
Co-Editor, Miller Thomson Newsletter, Lloyd’s Brief: Canadian Legal Perspectives

Publications

“Public engagement for infrastructure projects,” Canadian Consulting Engineer, April 2021
“Causation and concurrent causes of business interruption involving COVID-19,” April 2020
“All-Risks Property Insurance: Meaning of physical damage,” April 2020
“Steps Canadian regulators can (and should) take to minimize the impacts of COVID-19 on insurers,” April 2020
“All perils policies: Is COVID-19 an insured peril?”, April 2020
“The loss of perishable products: Does this constitute physical damage sufficient to trigger coverage?”, April 2020
“Proposed National Class Action filed seeking payouts for business interruption insurance”, April 2020
“Coverage under business interruption and general liability policies for Coronavirus related claims,” March 2020
“Case Commentary: Provost v. Dueck Downtown Chevrolet Buick GMC Limited, 2020 BCCA 86,” MT Insurance Blog, March 30, 2020
“Validity of builder lien claims,” MT Insurance Blog, March 20, 2020
“Joint & Several Liability for Engineers,” Canadian Consulting Engineer, March/April 2020
“Negotiating terms beyond standard forms,” MT Insurance Blog, March 4, 2020
“Bad faith and punitive damages: Stewart v. Lloyd’s Underwriters,” The Lawyer’s Daily, February 14, 2020
“Bad faith & punitive damages update – case commentary – Stewart v. Lloyd’s Underwriters,” Lloyd’s Brief: Canadian Legal Perspectives, January 8, 2020
“Material Misrepresentation and Material Change in Risk: BC Case Commentaries,” Lloyd’s Brief: Canadian Legal Perspectives, July 3, 2019
“Construction on First Nations Land: Determining the Applicable Building Code,” Lloyd’s Brief: Canadian Legal Perspectives, October 2018
“Clarifying the “Trilogy” and the Covenant to Insure: Royal Host GP Inc. v. 1842259 Ontario Ltd.,” Lloyd’s Brief: Canadian Legal Perspectives, June 2018
“Intentional Acts, Artful Pleading and the Duty to Defend in British Columbia,” Lloyd’s Brief: Canadian Legal Perspectives, October 2017
“Mediation in British Columbia: Does Mandatory Mediation Mean Mandatory Attendance for Lloyd’s Underwriters?”, Lloyd’s Brief: Canadian Legal Perspectives, June 2017
“Equine Insurance: Understanding the Fine Print of your Policy”, Canada’s Equine Guide 2017
“The Risks and Rewards of Buying at an Auction,” Equine Consumers’ Guide 2016
“Gone but Not Forgotten—Water Ingress Claims in British Columbia: Will Rainscreens and Building Envelope Professionals Prevent Another ‘Leaky Condo Crisis’?”, 2016
“Record Keeping: Document Retention Recommendations for Building Professionals,” Lloyd’s Brief: Canadian Legal Perspectives, December 2015
“Limitation of Liability Clauses: Are They Enforceable and Effective?”, Lloyd’s Brief: Canadian Legal Perspectives, June 2015
“Defamation: When Does Gossip Cross the Line?” Canadian Horse Journal, 2015
“Horse Boarding: The Value of Written Boarding Agreements,” Equine Consumers’ Guide 2015
“Vancouver’s New Building Bylaw,” BC Broker, 2014
“Vancouver’s New Building Bylaw,” Canadian Legal Perspectives: A Brief for the Lloyd’s Market, August 2014
“British Columbia Case Commentaries,” Canadian Legal Perspectives: A Brief for the Lloyd’s Market, August 2014
Author of chapter on “Marriage and Children”, Miller Thomson on Estate Planning, Carswell, 2012
“Horse Trading: When Purchases and Sales Go Wrong,” Equine Canada Magazine, 2012
“Rights and Duties of Charitable Beneficiaries,” Gift Planning in Canada, 2012
“Practical Considerations When Making a Charitable Gift by Will,” Charities and Not-for-Profit Newsletter, May 2012
“When a Horse Purchase Goes Awry,” The Lawyers Weekly, 2012
“Practical Considerations When Making a Charitable Gift,” Wealth Matters, Spring 2012
“Considerations when you decide to leave part of your estate to charity,” Vancouver Sun Leave a Legacy Special Feature, 2012
“Horse Trading: An Update on Sellers’ Obligations,” Equine Consumers’ Guide 2012
“Equine Insurance—Are You Covered?” Equine Consumers’ Guide 2011
“The Enforceability of Parental Waivers,” Sports Law Communiqué, 2009
“Managing Risk: A Guide for Coaches and Trainers,” The Canadian Horse Journal, 2009
“Negotiating Risk: The Use and Enforceability of Waivers in the Horse Industry,” The Canadian Horse Journal p. 20-23, 2008
“Border Crossings: Importing & Exporting Horses,” Horse Community Guide, 2008
“Tax Talk for Horse People,” The Canadian Horse Journal, 2007
“Alter Ego Trusts as a Means to Avoid Challenges to a Will,” Wealth Matters, October 2007
“Planning, Managing and Running a Horse Show: Ensuring Your Event Passes Uneventfully,” (co-author) The Canadian Horse Journal, 2006
“Horse Trading: How to Avoid Legal Pitfalls when Buying or Selling a Horse,” The Canadian Horse Journal, 2005
“A Home in the Country: Buying a Farm or Acreage,” The Canadian Horse Journal, 2005
“Liability for Horse Related Accidents,” The Canadian Horse Journal, 2005
“The Fine Print: Understanding Horse-Related Contracts,” The Canadian Horse Journal, 2005
“Managing Informed Consent and Patient Privacy,” 2003

Presentations

Co-presenter (with Rob McLeod, Metrix Professional Insurance Brokers Inc), “How to Avoid Potential Claims and Manage Them When They (Inevitably) Arise”, 27th Vancouver Geotechnical Society Symposium on Risk and Liability, May 28, 2021
Co-presenter (with Jeff McLellan, BFL Canada Insurance Services Inc.), “Risk Management in a Post-COVID-19 World”, Architectural Institute of British Columbia Confab 2021, May 10, 2021
Co-presenter (with Chris Blom), “Contractual Risk Transfer”, RIMS The Risk Management Society, April 1-2, 2021 and June 28-29, 2021
“The Insuring Agreement: Key Concepts of Fortuity, Accident, Occurrence, and Property Damage,” CLEBC Insurance Law Conference, 2011
“Confidential Information in Litigation”, CLEBC Personal Injury Conference, 2007
“Non-Disclosure and Misrepresentation,” CLEBC Insurance Law Conference, 2003

Notable matters

Association of Professional Engineers and Geoscientists of the Province of British Columbia v. Engineer X, 2023 BCCA 211
Engineers and Geoscientists Act, R.S.B.C. 1996, c 116 (Re), 2022 BCSC 361
0790482 B.C. Ltd. v. KBK No. 11 Ventures Ltd., 2021 BCSC 1761
Biermann v. Great West Truck Lease Rentals Ltd., 2019 BCSC 519
Sharif v. FN Design Associates, 2018 BCSC 303
Rajan v. Hudon, 2014 BCSC 1678
Baldface Mountain Lodge Limited Partnership v. Swan Engineering, 2013 BCSC 2198
Sutton v. Burch and Knies, 2011 BCPC 408
The Owners, Strata Plan LMS 1751 v. Scott Management Ltd., 2010 BCCA 192
0763486 B.C. Ltd. v. Landmark Realty Corp., 2009 BCSC 810
Vrabec v. College of Physicians and Surgeons of British Columbia, 2009 BCSC 675
WCAT – 2009 – 02562 (Re), 2009 CanLII 76793
Doucette (Litigation Guardian of) v. Wee Watch Day Care Systems Inc. et al., 2008 SCC 8
Rintoul v. Granger, 2008 BCSC 1852
WCAT – 2008 – 01569 (Re), 2008 CanLII 33717
McPhee v. British Columbia, 2008 BCCA 254
McPhee v. HMTQ et al., 2007 BCSC 568
McPhee v. HMTQ et al., 2007 BCSC 1354
Lin and R&J Honeyland Inc. v. Tham, 2007 BCSC 1862
Daniel v. McCrea et al., 2005 BCSC 1480
College of Physicians and Surgeons of British Columbia v. Meagher, 2005 BCSC 1844
Dr. Q. v. College of Physicians and Surgeons of British Columbia, 2003 SCC 19

Community roles

Health Law/Ethics Tutor, UBC Faculty of Medicine, Doctor, Patient and Society Class

Corporate directorships

Chair, Canadian Bar Association—National Insurance Law Section, 2016-17
Vice-Chair, Canadian Bar Association—National Insurance Law Section, 2015-16
Treasurer, Canadian Bar Association—National Insurance Law Section, 2012-14
Chair, Canadian Bar Association—Insurance Section (BC Branch), 2011-2012
Vice-Chair, Canadian Bar Association—Insurance Section (BC Branch), 2010-2011
Treasurer, Canadian Bar Association—Insurance Section (BC Branch), 2009-2010
Registration Officer, Canadian Bar Association—Insurance Section (BC Branch), 2008-2009
Program Director, Canadian Bar Association—Insurance Section (BC Branch), 2007-2008
Member at Large, Canadian Bar Association—Insurance Section (BC Branch), 2006-2007
Treasurer, Canadian Bar Association—Young Lawyers’ Section, 2005-2006

Memberships & affiliations

International Association of Defense Counsel
DRI (Defence Research Institute)
Canadian Bar Association
Vancouver Bar Association
Canadian Defence Lawyers

Karen L. Weslowski

Industries & Expertise

EXPERTISE

Biography

BAR ADMISSION

Education

Languages Spoken

Team Heading

Insights

Liar, liar, trucks on fire: BC court upholds coverage denial against insured who misrepresented...

Apportionment of defence costs: Loblaw Companies Limited v Royal & Sun Alliance Insurance...

Limitation of Liability Clauses: Are They Enforceable and Effective?

Record Keeping: Document Retention Recommendations for Building Professionals

News

Lexpert recognizes 117 Miller Thomson lawyers in annual ranking of leading Canadian practitioners

Miller Thomson ranks in Best Lawyers in Canada 2024