 DAVID M. PICK
EDUCATION:
- Bachelor of Arts (Honours), Queen's University, 1989
- Bachelor of Laws, Queen's University, 1992
- Called
to the Alberta Bar: 1993
CAREER HIGHLIGHTS:
- Selected as one of the leading practitioners in Canada in the area of Personal Injury for 2012 by The Canadian Legal LEXPERT Directory
- Has presented papers and given seminars to insurance adjudicators, claims managers, municipal councils/boards and employers in many different industries
PROFESSIONAL BACKGROUND:
After completing his articles in 1993 with Code Hunter, Mr. Pick remained there as an associate. In 1995, he joined the firm of Brownlee LLP and became a partner at that firm in 2001. He joined Scott Venturo LLP as a partner in January, 2008.
Mr. Pick's practice focuses on insurance and disability law from a defence perspective and employment and labour law from a management perspective. Mr. Pick has experience in over 16 Queen's Bench trials. He has appeared in the Court of Queen's Bench and Court of Appeal on the adjudication of a number of insurance-related issues including liability, damages, long-term disability benefits and entitlements under life insurance policies. In the area of labour law, he has represented and given counsel to a number of Alberta municipalities and has been involved in collective bargaining sessions, grievance arbitrations and judicial review applications. In the employment side of his practice, he has run trials in the Court of Queen's Bench on wrongful and constructive dismissals and has run hearings before the Human Rights Tribunal, the Municipal Police Review Committee, a Board of Reference and the Hospital Privileges Appeal Board.
RECENT COURT CASES:
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The Applicants were Michael Desanti and AGAT Laboratories Ltd. (hereinafter AGAT – the owner of the vehicle). The Respondents were Mr. and Mrs. Gray. One evening the Respondents’ 17 year old son had a party in his parents' home in the basement. The Grays stayed home to monitor the party. Alcohol was consumed. Mr. Wenzel was a guest at the party, but Mr. Desanti was not. The guests left the residence and were going home, when a physical altercation between Mr. Wenzel and Mr. Desanti and others occurred. Mr. Desanti, after being struck, got back into his vehicle and either accidently or intentionally hit Mr. Wenzel two times with the vehicle. Mr. Wenzel sued Mr. Desanti and AGAT for injuries sustained after being struck by Mr. Desanti’s vehicle. The Applicants issued third party proceedings seeking contribution from Mr. and Mrs. Gray, the Respondents, for the injuries to Mr. Wenzel arising out of this incident under the Alberta Tort-Feasors Act on the basis that the Grays would also be liable to compensate Mr. Wenzel. The Grays’ application for summary judgment dismissing the third-party notice against them was granted on the basis that there was no genuine issue for trial. An appeal was dismissed.
Wenzel v. Desanti, et al, 2011 ABCA 226 - successful appeal of summary judgment application in social host liability case. (Mr. Pick won at the QB level. the Court of Appeal and Supreme Court of Canada). "The application for leave to appeal...is dismissed with costs."
- Tavakoli v. Junghans, 2009 ABQB 756 - chronic pain QB judge alone trial (Mr. Pick was successful and the plaintiff was awarded $0).
- Tavakoli v. Junghans, 2010 ABCA 391 - appeal of trial judge’s decision (Mr. Pick was successful in getting the appeal dismissed).
- Callahan v. MacDonald, 2009 ABQB 681 - fraud trial (Mr. Pick acted for the Plaintiff and successfully obtained judgment of over $100,000 plus interest and costs against the defendant who had defrauded his client of her life’s savings).
- Kent v. Robidoux, et al, 2010 ABQB 479 - application to strike claim for breach of implied undertaking (Mr. Pick successfully applied for dismissal of the claim of slander/conspiracy and breach of fiduciary duties against his client).
- Olchowy v. Markel Insurance, 2011 ABQB 463 - determination of competing SEF 44 coverages (Mr. Pick was successful in convincing the court that his client’s underinsured endorsement did not apply to the loss at issue).
AFFILIATIONS:
- Chair, CBA National Health Law Section, 1998-1999
- Member, Calgary Chamber of Commerce Health Care Committee, 1996-1999
- Editor, CBA National Health Law Section Newsletter, 1996-1998
- Chair, CBA Health Law South Alberta Section, 1995-1997
- Volunteer, Calgary Legal Guidance, 1991-2001
- Canadian, Alberta and Calgary Bar Association
- Member, CBA Insurance and Employment Sections
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