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Ben Flanagan

Associate

Ben Flanagan

Profile

Ben practices in the areas of environmental contamination, construction, public liability, causality, privacy/cyber and insurance coverage. Ben also leads the firm’s Retail Risks Specialty Group, which focuses on claims facing policyholders in the retail space. This includes occupier’s liability and other personal injury claims, nuisance claims, product liability claims, class actions, workers compensation, etc.

Ben has acted as lead counsel at trials and appeals and relishes every opportunity to be on his feet in court.

Ben works hard to find creative and cost-effective solutions for his clients, yet approaches every matter with the care, diligence and comprehensiveness that would be expected in a courtroom.

Ben has been an invited guest lecturer at his alma mater, the University of Alberta, and he frequently presents to industry on civil litigation topics. He has also served as a judge for law school moots and regularly mentors junior lawyers and students in trial advocacy and ethical practice, topics at the heart of Ben’s work.

Outside of law, Ben spends his time exploring new paths with his wife and their Labrador, working on old cars and playing cover songs on his guitar.

Expertise

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Education

Certificate in Cyber Security, York University, 2021

J.D., University of Alberta, 2012

B.A., (Physical & Biological Anthropology), University of Alberta, 2008

 

Professional Memberships & Affiliations

Called to the British Columbia Bar in 2020

Called to the Alberta Bar in 2017

Called to the Ontario Bar in 2013

Representative Cases

  • Cox v. Swartz Estate, 2023 BCSC 1363; Successful trial judgment where Ben represented the Insurance Corporation of British Columbia. Its driver was involved in a single-vehicle accident. The Court found there was not sufficient evidence to establish prima facie liability on the part of the driver.

  • Cox v. Swartz Estate, 2022 BCSC 1494; This is a mid-trial decision in a case where the plaintiff alleged catastrophic injuries. After closing his case, the plaintiff applied for permission to call additional evidence on liability.  Ben successfully argued that the plaintiff should not be permitted to re-open his case and the matter proceeded to closing arguments.

  • Northbridge Insurance Corporation v Trinidad Drilling Ltd., 2021 BCSC 836; Ben successfully defended his client at summary trial. The claimant alleged that Ben’s client had failed to obtain adequate insurance on its behalf.  Ben successfully argued that there was coverage available under two separate policies of insurance.

  • Anglin v Resler, 2020 ABCA 184; Ben successfully defended his client in this matter before the Alberta Court of Appeal. The plaintiff was a former member of the Legislative Assembly, who unsuccessfully ran for re-election in the 2015 provincial election. He alleged that the Chief Electoral Officer interfered in the election and sued the provincial government for various losses.  Ben successfully argued that his client is not vicariously liable for the conduct of the Chief Electoral Officer.

  • De Vos v Alberta (Transportation), 2020 ABQB 234; Ben successfully argued that the plaintiff’s claim against his client should be struck on the basis that his client did not owe the plaintiff a duty of care.

  • Edmonton Police Service v Alberta (Privacy Commissioner), 2020 ABQB 10; In this access to information request matter, Ben successfully argued that certain documents were protected by solicitor-client privileged and that the Alberta Privacy Commissioner erred in ordering his client to produce them.

  • Trach v Alberta (Transportation Safety Board), 2020 ABQB 21; Ben successfully defended his client in a claim by a lawyer whose driver’s licence had been suspended.

  • Wang v Alberta (Justice), 2019 ABCA 507; Ben successfully argued that all of the appellant’s grounds of appeal should be dismissed in this case. The appellant had sought $4 million in damages from Ben’s client for negligence and wrongful dismissal.