Gregory J Tucker, Q.C.
Greg Tucker is head of Owen Bird’s insurance group, and practices commercial litigation, with a focus on insurance, including the following areas:
Coverage. Greg advises insurers on coverage under a wide range of policies including commercial property, builders risk, general and commercial liability, wrap-up liability, professional liability, directors & officers, errors & omissions, hull and machinery, P&I, cargo, and environmental impairment. Greg has acted as counsel or otherwise advised in complex coverage disputes, including disputes involving bad faith allegations, cross-border issues, complex trigger and allocation issues, reinsurance disputes, primary-excess disputes, and breach of warranty or condition.
Energy. Greg has acted as counsel and/or advised in a wide range of energy matters including pipeline, rig, plant, tank and platform failures. Greg is a member of the British Columbia Oil and Gas Appeal Tribunal, the Forest Appeals Commission and the Environmental Appeal Board.
Marine. Greg has acted as counsel and/or advised in a wide range of maritime matters, including complex cargo claims, ship collisions, and crew injury claims. Greg acts in this area for P&I clubs, hull and machinery insurers, cargo insurers, port authorities and major terminals.
Defence. Greg has acted in a wide range of commercial litigation matters, as insurance defence counsel or otherwise, including product liability claims, aviation claims, mining disputes, social/commercial host liability claims, professional negligence claims, contract disputes, commercial agriculture disputes, shareholder disputes, and oppression/derivative action claims. Greg has acted and advised in connection with class actions, including product liability class actions.
Arbitration and Appraisal. Greg has acted as arbitrator and appraiser in connection with insurance disputes.
Non-Insurance Counsel Work. Greg regularly acts as counsel in non-insurance matters, in certain specific areas of practice, including judicial reviews and statutory appeal, First Nations consultation/accommodation disputes, complex insolvency proceedings, and proceedings to enforce contractual/intellectual property rights.
Recent Decisions of Note. Greg was counsel for insurers in the Alberta Court of Appeal and the Supreme Court of Canada in Ledcor Construction Ltd. v Northbridge Insurance et al 2016 SCC 37. The case involved interpretation of the faulty design and workmanship exclusion in a builders risk policy, on “cost of making good” wording, and considered the standard of review applicable to interpretation of insurance policies. On standard of review the Court held that, in most cases, standard form insurance policy language, unlike most contracts, will be subject to a correctness standard of review on appeal. On the interpretation of builders risk policies, the Court affirmed prior caselaw considering the scope of the faulty design aspect of the exclusion, while holding that application of the faulty workmanship aspect of the exclusion turns on the scope of work of the party involved.
Greg was counsel for Glacier Resorts in the British Columbia Supreme Court, Court of Appeal and Supreme Court of Canada in Ktunaxa Nation Council et al v the Crown and Glacier Resorts Ltd. 2017 SCC 54. The case involved a challenge to a master development agreement granted to Glacier Resorts in connection with development of a ski resort in south‑east British Columbia. The challenge was brought primarily on the basis that the resort would infringe religious rights and freedoms under s.2(a) of the Charter, on a “sacred site” analysis. The Court held that there was no infringement, on the basis that s.2(a) applies to protect the right to hold and manifest beliefs, but could not apply to protect the object of those beliefs, such as a particular place. The Court also clarified the limited scope of judicial review in consultation, and clarified certain aspects of the duty to consult generally.
Greg attended the University of British Columbia, for both his undergraduate degree (B.A. (Hons.) Political Science and International Relations) and law school. He earned various scholarships including a Law Foundation Entrance Scholarship. He was a member of the varsity rowing team during undergrad and law school. After graduating Greg clerked with the BC Court of Appeal in 1990-1991, before joining Owen Bird.
Greg’s past careers include a stint as a political cartoonist, during which his work appeared regularly in the Vancouver Sun, other Canadian publications, and some U.S. publications.
Greg lives in Vancouver, is married and has three daughters.
Greg has been active in various community organizations, and is past-president of the Vancouver Girls Soccer Club.
- Called to the Bar in British Columbia, 1990
- Law Clerk, British Columbia Court of Appeal, 1990-1991
- LL.B., University of British Columbia (various Academic and Athletic Scholarships), 1989
- (Hons.), Bachelor of Arts (Political Science and International Relations), University of British Columbia (various Academic and Athletic Scholarships), 1986
- Associate with Owen Bird since 1991, partner, now shareholder, from January 1997
LexisNexis - Martindale-Hubbell: BV Peer Review Rated
Best Lawyers in Canada: Insurance
Benchmark Canada: "Litigation Star"
Appointed Queen's Counsel, December 2015
Greg lectures regularly for CLEBC and other professional educational bodies. Greg is author of the Interlocutory Applications Chapter of the Civil Litigation Handbook. Greg’s published insurance articles include:
- “Insuring to Value; The “Margins Clause” – Canadian Journal of Insurance Law, originally published in Volume 26, Number 5, October 2008
- “Denial of Coverage under the Insurance Policy” – for the Continuing Legal Education Society of BC, September 2009
- “The Policy Giveth and the Policy Taketh Away”, Exclusions 2010/2011 Summary of the Law and Recent Developments – for the Continuing Legal Education Society of BC, September 2010
- “Bad Faith: Summary and Recent Cases”, Fall 2011 Update – for the BC CBA Insurance Subsection, October 2011
- “Ten Years Later”: First Party Bad Faith a Decade after Whiten v. Pilot Insurance Co. – Canadian Journal of Insurance Law, January 2012
- “Not My Fault” Current Issues Under The Design And Workmanship Exclusion – Canadian Journal of Insurance Law ‑ May 2015, Part 1 | July 2015, Part 2 | September 2015, Part 3.
- “Getting a Leg Up” Recent Developments in Connection with the Faulty Design and Workmanship Exclusion – for the Continuing Legal Education Society of BC, September 2015
- Ledcor Construction v. Northbridge Insurance et al at the Supreme Court of Canada – Canadian Journal of Insurance Law – March 2017, Part 1
A detailed list of cases and publications is available on request.