Profile
Gregory S. Miller, P.Eng., LLB, is a partner of Lindsay Kenney LLP in our Vancouver office. Greg's area of practice is primarily insurance defence, with an emphasis on construction and engineering issues, and insurance coverage. His clients include general liability insurers, professional liability insurers and property insurers, as well as architects, engineers and contractors.
Regularly called upon as a guest speaker on various topics of interest in his area of practice to professional industry groups, Greg also lectures at the University of British Columbia.
Greg was born and raised in British Columbia. He obtained a Bachelor of Applied Science (Civil Engineering) degree in 1974 from the University of British Columbia and became registered as a professional engineer in British Columbia in 1976. During his engineering career he was employed in heavy construction and municipal government. In 1985, Greg obtained a Bachelor of Laws from the University of British Columbia and was admitted to the British Columbia Bar in 1986. In 2005, he was granted honourary membership in the Applied Science Technologists and Technicians of British Columbia.
Awards
Inclusion in the 2009 edition of "The Best Lawyers in Canada" in the area of Construction Law
Guest Speaker/Lecturer/Publications
Abstract: The “professional services” exclusion in the typical CGL has rarely been contentious. However, recent changes in the standard form CGL and a trend in society toward denigration of the term “professional” may result in future problems. ...Publication, Insurance for Professional Services
Abstract: Where the duty to defend under a CGL is in issue, the law is uncertain as to what evidence can be considered by the Court in making the determination. The only firm ground is that the wording of the policy should not be avoided in favour of the inapt application of general principles. ...Publication, Determination Of The Duty
Abstract: At its most basic level, construction is about the allocation of risk. The law will, if the need requires, allocate risks after they have become realities but this can and should be avoided. The parties to construction are well-advised to consider their risks and deal with them at the outset and, thereby, avoid the post-loss allocation of risk by the blunt instrument of the general law. One means of dealing with the risk is through the use of insurance and that is the topic of this paper. ...Publication, Am I Covered For This Loss?
Abstract: The “Builders Risk” or “Course of Construction” policy is an essential part of insurance coverage for any major construction project. It is intended to provide funds to start again should the property of the project be damaged or destroyed during construction. However, it is not intended to cover the “business risks”, such as those associated with faulty workmanship, materials or design and all such policies contain exclusions to this effect. Unfortunately, precisely what constitutes faulty workmanship, materials or design has varied between jurisdictions. On November 11, 2008 the Supreme Court of Canada provided some guidance in that regard in Canadian National Railway Company v. Royal and Sun Alliance Assurance Company of Canada 2008 SCC 66...Publication, Canadian National Railway v. Royal & Sun Alliance | New Certainity For Faulty Design
Abstract: On March 26, 2009 the British Columbia Court of Appeal pronounced its long-awaited decision in Progressive Homes Ltd. v. Lombard General Insurance Co. 2009 BCCA 129. This was the third in a series of BC cases which dealt with general liability insurers’ duty to defend contractors in building defect cases and the first to reach the Court of Appeal. The issue is critical to the prosecution and settlement of the remaining leaky condominium cases, many of which had been stalled pending this case and it was hoped that the Court of Appeal would bring the certainty needed to finalize these cases. Whether the needed certainty was achieved is a matter of opinion but Progressive Homes may be headed for the Supreme Court of Canada. ...Progressive Homes v. Lombard | Finally, Some Certainty?
Lecturer, Business Law, SFU
Lecturer, Tort Law, SFU Continuing Studies
Lecturer, Evidence, SFUContinuing Studies
Lecturer, Applied Science 450, UBC Faculty of Applied Science
Lecturer, CLE
Guest Speaker, Ins Brokers Assoc of BC and other industry groups
Affiliations & Memberships
- Law Society of British Columbia
- Canadian Bar Association
- Vancouver Bar Association
- Assoc of Professional Engineers and Geoscientists of BC
- Applied Science Technologists and Technicians of BC
- Canadian Bar Association Construction Section (former Chair, BC Branch)
- Canadian Bar Association Insurance Section
- Defence Research Institute
