Mark Braidwood

Full Profile

Mark Braidwood is a litigation and dispute resolution partner based out of Clyde & Co’s Vancouver office. His practice focuses on construction, commercial and insurance law. Mark has conducted trials and appeals in all levels of British Columbia courts, and has acted as counsel in arbitrations, administrative hearings, WorkSafe investigations and mediations.

With a focus on dispute resolution, including claims for delays, Mark represents all parties involved in construction, including owners, developers, construction managers, contractors, sub-contractors, and design professionals in multiple jurisdictions. Mark provides legal counsel to a variety of professionals, including brokers, engineers, architects, financial advisors, accountants, insurance agents and private health practitioners.

Mark’s broad commercial practice includes shareholder disputes, director and officer liability, contract and business disputes, product liability, leases, sale of goods and other related issues, acting for both insurers and insureds, defending claims and prosecuting subrogated claims.

Admissions

• British Columbia, 1997

Education

• Accreditation, University of New Brunswick, 1996
• LLB, University of Kent (UK), 1994
• BA, Economics, University of British Columbia, 1990

Memberships

• Member, Civil Litigation Section, Canadian Bar Association (BC Branch)
• Member, Insurance Section, Canadian Bar Association (BC Branch)
• Member, Construction Section, Canadian Bar Association (BC Branch)
• Member, Vancouver Bar Association
• Member, Trial Lawyers Association of British Columbia

Experience

• Acts as a counsel in a WorkSafe investigation. (Ongoing)
• Acts as a counsel for an insurance broker in a limits negligence claim (2022-present)
• Acts as a counsel for an insurer in coverage dispute concerning a builder’s risk wrap-up policy (2020-Present)
• Acts as a counsel for the design consultants in an arbitration concerning the design and construction, including associated delay claims, of a P3 transit project located in a major Canadian city (2021-Present)
• Acted as counsel for a shareholder in a shareholder and director and officer dispute.  (2022)
• Acted as a counsel for an insurance broker in a coverage and limits negligence claim (2020-2021)
• Acted as counsel for a JV design-build contractor in an arbitration for claims for additional compensation exceeding $10 million due to unanticipated subsurface conditions experienced at a hydro-electric dam P3 project.  (2020)
• Acted as a counsel in a lengthy arbitration representing an owner in a commercial dispute worth in excess of $3 million. (2019-2021)
• Acted as a counsel in a trial for a realtor who was claiming for unpaid commission on the purported sale of commercial lands in downtown Vancouver to be used for future development. (2019)
• Acted as a counsel in a trial successfully defending a director of a company for alleged breach of her fiduciary duties owed to the company, and successfully prosecuting her counterclaim.  The Company sought upwards of $7million.  She obtained a judgment for $1.3 million.  Successfully defended the appeal in the BC Court of Appeal in 2020 and the leave application to the Supreme Court of Canada in 2021. (2017-2021)
• Acted as a counsel in a trial for an immigration consultant who was sued for fraud, breach of fiduciary duty and negligent misrepresentation, and who counterclaimed for an interest in the lands which were the subject of the dispute. (2017)
• Acted as counsel for a steel fabrication and installation sub-contractor regarding the renovation of the BC Place stadium.  (2012-2015)
• Acted as counsel in a trail exceeding 100 days for the designers of a cogeneration power plant.
• Acted as a counsel in a claim for an investment advisor respecting negligent investment advice. Fifteen former clients sued their advisor; simultaneously defended him in the civil claim and before the Securities Commission.
• Acted as counsel for many other professionals in myriad other claims, including insurance brokers, nurses, accountants and design consultants.
• Acted as a counsel for multiple commercial files in claims regarding defamation, anti-slap, shareholder disputes, directors and office breach of fiduciary duty, human rights, product liability and construction claims.

Presentations

• Presented multiple Errors and Omissions (E&O) and best practices seminars on insurance broker liability for a full-service insurance company in British Columbia, 2016-Present
• “Introduction to Construction Delay Claims”, ICBA, 2020-Present
• “Professionalism and Law in Civil Engineering”, UBC, Adjunct Lecturer, 2018-Present
• “Critical Path – Delay Claims”, Canadian Bar Association, 2020
• “Behind Schedule: The Critical Path and Strategies in Pursuing and Defending a Claim for Delay”, 2019
• “Procurement Best Practices Basic Principles”, Buildex Vancouver, 2015