Ryan Morasiewicz

Senior Counsel

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contact

Office: Vancouver

Main: (604) 608-4576

Fax: (604) 682-7131

Education & Qualifications

  • British Columbia Bar (2006)
  • JD (British Columbia, 2005)
  • Executive Leadership Program (Queens, 2014)
  • B.Sc., Integrated Science Program (British Columbia, 2002)

Ryan Morasiewicz focuses his practice on general commercial litigation. He has a breadth of experience in many areas, including health law, contractual disputes, environmental law, administrative law and complex commercial disputes. Outside of the office, Ryan is a Ground Search Team Leader with North Shore Rescue, the busiest volunteer mountain search and rescue team in Canada.

  • Defence counsel in the leading Canadian case on tort law causation, Clements (Litigation Guardian of) v. Clements, 2012 SCC 32 (also counsel in Court of Appeal, 2010 BCCA 581)
  • Lead defence counsel in financially significant environmental contamination / diminution of property value class action, Kirk v. Executive Flight Centre Fuel Services et al., 2017 BCSC 726 (certification decision presently under appeal), 2018 BCSC 1742
  • Supreme Court of Canada leave applications, Clements v. Clements, and Sigouin et al. v. Maddex, SCC No. 36042
  • Arbitration experience on behalf of clients from industries including forestry (rate dispute), mining (misrepresentation in joint venture agreement), and clean-tech (shareholder dispute – oppression, breach of contract, intentional interference with economic relations)
  • Representation of and strategic advice to private health care companies operating at the interface with the public health care system, including matters involving private insurance, service delivery, funding models, and compliance with Canada Health Act and Medicare Protection Act requirements. Significant regulatory and risk-management advice regarding operational and billing practices
  • Represented foreign corporation in jurisdictional challenge to BC Courts: Flying Frog Trading Co. Ltd., v. Amer Sports Canada Inc., 2017 BCSC 1885, 2018 BCCA 384
  • Successful appellate counsel upholding jury award and on cross appeal re costs award, Paskall v. Scheithauer, 2014 BCCA 26
  • Acted as defence counsel in Environmental Management Act / contaminated site claims
  • Represented mining companies in disputes arising from Joint Venture exploration/development agreements and royalty payments
  • Successful defence counsel in disability insurance / punitive damages claim, obtaining complete dismissal of action and costs, Bozek v. Fenchurch General Insurance Company, 2016 BCSC 2370
  • Appellate counsel in breach of fiduciary duty disgorgement claim and claim for full indemnity / special costs, Kyle Estate v. Kyle, 2017 BCSC 752, 2017 BCCA 329, 2018 BCCA 61
  • Consistent and significant success in insurance defence litigation before the trial courts on behalf of ICBC, including:
    • Ma v. Haniak et al., 2017 BSCS 549
      • Successful defence of two Plaintiffs’ allegations including total body chronic pain and lifelong total disability
    • Ma v. Haniak et al., 2018 BCSC 1000
      • Costs decision: Plaintiff denied costs, Defendants awarded post-offer costs and special costs for costs hearing
    • Rosso v. Balubal, 2014 BCSC 1786
      • Successful defence of allegations including total body chronic pain and lifelong total disability
    • Liu v. Bourget, 2014 BCSC 291
      • Successful defence of first Plaintiff’s allegations including chronic pain, total disability and marriage breakdown and second Plaintiff’s allegations of chronic pain, depression/anxiety leading to suicide attempt, and total disability
  • Dozens of mediations for claims including: catastrophic injuries, traumatic brain injury/MTBI/post-concussion syndrome, TMJ, thoracic outlet syndrome, major depression, total disability. Skilled in defending cases on causation and on the basis of complex expert evidence
  • Defended self-governing health professions before the Human Rights Tribunal:
    • Turnbull v. BC (Ministry of Health Services) and others, 2011 BCHRT 324
    • Dick v. College of Physicians and Surgeons of BC (No. 2), 2010 BCHRT 274
  • Prosecuted health care practitioners in disciplinary actions before the Emergency Medical Assistant Licensing Board
  • Represented clients before Workers Compensation Appeals Tribunal (S.257 Determination):
    • WCAT-2013-03591 (Re), 2013 CanLii 95380
    • WCAT-2013-0397 (Re), 2013 CanLii 95412
    • WCAT-2009-02426 (Re), 2009 CanLii 76721
  • Acted as new trial counsel in reopening of family law (distribution of assets) due to hidden assets (stock options), Laxton v. Coglon, 2006 BCSC 1688

Ryan has extensive experience in corporate and commercial disputes, class actions, public-private health law, environmental law and contaminated sites, and administrative law across a wide range of industries and sectors. He has an accomplished background in insurance defence litigation.

Ryan has significant courtroom experience, both at trial and appeal, and has extended his litigation practice beyond advocacy to include strategic risk analysis advice to clients in a number of industries. He is a creative problem solver with strong client relationship skills and a focus on early dispute resolution.

Ryan focuses his attention on his clients’ business operations, helping him to better understand and appreciate their underlying motivations and the strategic context of their disputes. This enables him to offer preventative and risk-management counsel.

  • Mountain Search and Rescue / Ground Search Team Leader – North Shore Rescue, North Vancouver, British Columbia (2011-present )
  • Executive member, CBA (BC) Health Law subsection (co-chair 2008-2009, various executive positions 2006-2017)
  • Executive member, CBA (National) Health Law subsection (2008-2011)
  • Member, CBA (BC) Provincial Counsel (2008-2009)
  • Member, Canadian Bar Association (2006-present)
  • Health Law/Ethics Tutor, UBC Faculty of Medicine (2006-2014)
  • Presenter, “Medico-Legal Issues in Mountain Medicine,” 2014 summer module of Canadian Society of Mountain Medicine Diploma in Mountain Medicine (September 2014)
  • Author, “The Supreme Court of Canada Narrows the ‘Material Contribution’ Causation Test,” The Advocate, Vol. 71, Part 2 (2013)
  • Presenter, “Clements v. Clements: ‘But For’ vs. ‘Material Contribution’—The Latest Word in Tort Law Causation,” CBA National Insurance Law section (2013)
  • Presenter, “Causation Revisited: Before and After Clements,” CBA-Alberta Civil Litigation & Health Law—North Subsections, (January 2013)
  • Presenter, “Causation: Clements Redux Featuring Counsel Who Argued the Case,” CBA-BC Civil Litigation & Health Law Subsections, (January 2013)
  • Presenter, “Labour Mobility Agreements and Credentialing of Professionals: Obligations and Challenges from the Agreement on Internal Trade and Related Provincial Agreements,” CBA-BC Administrative Law Subsection (April 2011)
  • Presenter, “Issues Around the Agreement on Internal Trade and Regulatory Issues: Labour Mobility Amendments and Responses by Health Professions,” National Network of Medical Affairs Professionals (September 2010)
  • Presenter, “Rate Dispute Arbitration Awards Under Revised Rate Test,” Truck Loggers Association Training Session (2010)
  • Presenter, “Bill C-45 and Criminal Liability for Workplace Accidents,” Canadian Business Aviation Association Flight Department Management Roles and Responsibilities Workshop (2007)