Callum G. Kelly  

Callum Kelly is an associate in the Insurance and Tort Liability Group in our Vancouver office. Cal practises in the areas of personal injury, insurance defence and products liability litigation, with a particular emphasis on claims involving traumatic brain injuries and psychological dysfunction. He also acts regularly for both disability insurers in disputes over entitlement to long-term disability benefits, as well as product manufacturers.

Cal has conducted numerous trials both in the Provincial Court of British Columbia and the Supreme Court of British Columbia, and has successfully defended clients in jury trials. He also has experience in the Federal Court of Canada (Trial Division). Prior to being called to the bar, Cal clerked for the Supreme Court of British Columbia from 1995 to 1996.

• Counsel for defendants in a trust claim arising from a joint bank account. Plaintiffs� action was dismissed, and defendants were subsequently able to obtain an Order that their costs be paid by the personal representative of the impecunious estate. Hall Estate v . Marshall (2002), 46 ETR (2d) 80 (BCSC).
• Counsel for Sun Life Assurance Company on the leading case clarifying a disability insurer�s subrogation rights where the insured receives a global settlement from a third-party tortfeasor. Sun Life Assurance Company of Canada v. Solypa (2001), 96 BCLR (3d) 178 (SC).
• Counsel for Sun Life on a subsequent case involving the disclosure of the settlement documents in similar circumstances. Dos Santos (Committee of) v. Sun Life Assurance Company of Canada (2003), 3 CCLI (4th) 200 (BCSC-M).
• Junior counsel on appeals to Supreme Court (2003 BCSC 1378) and Court of Appeal (2005 BCCA 4).
• Junior counsel for Sun Life on the two leading authorities re appropriate limitation period in Insurance Act to disability claims. Balzer v. Sun Life Assurance Company of Canada (2003), 15 BCLR (4th) 6 (CA); and Watterson v. Sun Life Assurance Company of Canada (2003), 14 BCLR (4th) 58 (CA).
• Junior counsel for Sun Life in case involving the severance of the breach of the disability insurance contract claim from claims for aggravated and punitive damages.
• Counsel for product manufacturers involved in personal injury actions based on allegations of negligent design or manufacture. Clients include major automobile and sporting goods manufacturers, along with pharmaceutical and electronics companies.
• Counsel on first decision in British Columbia to consider social host liability following the decision from the Supreme Court of Canada in Childs v. Desormeaux: Sidhu v. Hiebert, 2011 BCSC 1364.
• Junior counsel for the defendant at trial in a psychological injury case: Chowdhry v. Burnaby(City of), 2008 BCSC 207.
• Counsel for the defendants in an action involving costs following trial with respect to expert witnesses:  Henri v. Seo 2009 BCSC 845.

• Speaker, BLG Insurance and Tort Liability Group seminars for Insurance Corporation of British Columbia�s (ICBC) Head Office Claims, Head Injury, and Special Counsel Departments, 2002 to present.
• Speaker, Fourth Annual Disability Claims Management on Litigation Conference,  Insight Information, October 2011.
• Speaker for the Defence, Canadian Defence Lawyers, September 2011.
• Author, chapter on interpretation of insurance policies, Business Interruption Insurance, 2nd Edition (editors:  John S. Siegel, Sean L. Gosnell, Bruce J. Webster), Canada Law Book Inc., 2006.