Legal Team / Kirk Wirsig
Kirk has practiced in the area of civil litigation since his call to the bar in 1986. His practice primarily focuses on the litigation of insurance claims on behalf of individuals whose benefits have been denied. In the course of his career, Kirk has represented well over two thousand individual British Columbians from all walks of life who have been denied insurance coverage of all types including disability benefits, life coverage, collateral mortgage coverage, critical illness and fire loss. If your claim has been denied, he can help.
Kirk has a long history as counsel in tribunal and administrative hearings, dozens of Supreme Court trials, including civil jury trials, cases in the B.C. Court of Appeal and appearances in all levels of Federal Court. He has numerous precedent setting decisions in his preferred areas of practice and is a frequent speaker at legal conferences.
Kirk balances his legal practice with trips to remote rivers in British Columbia where he fly fishes catch and release for wild steelhead.
PREFERRED AREAS OF PRACTICE
- Plaintiff’s Disability Claims
- Coverage denials based on exclusionary language
- B.A. (Honours) University of British Columbia
- LL. B., University of British Columbia, 1984
- Admitted to the British Columbia Bar, 1986
PROFESSIONAL AND COMMUNITY ACTIVITIES
Kirk has served on numerous professional boards and associations including:
- Board of Directors, BC CLE Society, 2011-2013
- Executive at Large, Surrey Bar Association, 2008
- Chair, Fraser Valley CLE Committee, 2008
- Organizing Committee Fraser Valley Medical Legal Society, 2008
- Founding President, Surrey Bar Association, 2005-2007
PAST DECISIONS AND EXPERIENCE
Kirk has acted as counsel proceeding to judgment on dozens of Supreme Court trials during the course of his career, including jury trials and appeals. These cases include numerous precedent setting reported decisions.
A selection of these decisions can be found listed below:
- White v. Manufacturers Life Insurance Co., 2011 BCSC 1615 – interprets limitation provisions in disability insurance policies
- Canada (Attorney General) v. Behre, 2008 FC 967 – interprets nature of discretion of Federal Tribunals
- Penner v. Great-West Life Assurance Co., 2002 BCSC 1131 – sets guidelines for trial by jury in disability claims
- Homolka v. Harris, 2002 BCCA 262 – establishes guidelines for expert engineering opinion evidence in injury claims
- Maligmat v. Ross (1995), 10 B.C.L.R. (3d) 318 (BCSC) – requires out-of-Province insurers to increase policy limits for claimants injured in BC
- Layne v. Michaels (1990), 46 B.C.L.R. 375 (BCSC) – establishes ethical and fiduciary guidelines for associate lawyers on departure from a law firm
- Norton, Stewart, Norton & Scarlett v. Kirsch (1987), 16 B.C.L.R. (2d) 221 (BCSC) – award of damages for abuse of court process