Peter D. Shea

Partner St. John's Phone: (709) 570-5334 Fax: (709) 726-9172 coxandpalmer.com Administrative Assistant Mary Murphy coxandpalmer.com Phone: (709) 570-5520 Fax: (709) 570-5750

Practice Areas

In conjunction with a successful litigation practice, Peter provides strategic advice to clients on legislative, regulatory and risk management issues. He has extensive experience in insurance claims and coverage, and his broadly based litigation practice encompasses pollution claims, product liability claims, commercial claims, class actions and professional defence. In addition to successfully arguing cases before all levels of court, Peter has substantial experience in alternative dispute resolution, and has represented clients in mediations and arbitrations throughout the course of his practice.

Peter has formal training as a mediator, and offers services as a mediator for all manner of disputes. He has completed the ADR Workshop as well as the Advanced ADR Workshop through the University of Windsor Faculty of Law and Stitt Feld Handy Group.

Committed to his profession, Peter is a past president of the Canadian Bar Association (Newfoundland and Labrador Branch), and is a member of the Board of Directors of the Canadian Bar Insurance Association. Peter instructs in the field of Civil Procedure for the Bar Admission Course of the Law Society of Newfoundland and Labrador.

Law Society Memberships

Canadian Bar Association
Law Society of Newfoundland & Labrador

Bar Admission

Newfoundland and Labrador (1996)

Law School

Dalhousie University

Education

Saint Mary's University (B.A. 1992 (summa cum laude)
Dalhousie University (LL.B. 1995)
University of Windsor Faculty of Law (ADR Workshop, Advanced ADR Workshop 2011)

Professional Experience

Selected Cases:

• Lynch Estate v. Anderson, [1999] N.J. 192, 247 (personal injury litigation, estate claims)
• R. v. A. Harvey Co. [2003], 221 Nfld & PEIR 257 (defence, occupational health and safety offence)
• Furlong Estate v. Newfoundland Light and Power Co. Ltd. [2005] NLCA 25 (fire loss, liability of utility)
• Williams v Thomas Development Corp., [2008] NLCA 17 (defence of contractor, personal injury litigation)
• Terry v. Mullowney, [2009] N.J. 86 (personal injury litigation, credibility of claimant)
• G & D Shipping v Genrep Ltd., 2002 01T 4320 - March 2009 (commercial claims, marine engine failure, economic loss)
• Brewer v. Metro General Insurance (2010 - civil procedure, failure of subrogation defence, request for jury trial)
• Friends of Ragged Beach Inc. v. Town of Witless Bay (2011 - municipal development process and regulation, injunctive relief)

Industry Recognition and Awards

• Recipient, Government of Canada "Celebration '88" Award for community contribution
• Recipient, Outstanding Service Certificate, Board of Directors, Canadian Bar Association

Publications

• "The Movement to Transparency: Disclosure Issues in Coverage and Bad Faith Actions" (Without Prejudice, the Official Journal of the Ontario Insurance Adjusters Association, June 2002, Vol. 66, No. 10)
• "Coverage Issues - Sexual Misconduct Claims" (For the Defence, August 2000)
• "Municipality Gets Silver Medal Despite Nearly Flawless Ice Program" (Municipal Liability Risk Management, Butterworths, March 2002, Vol. 3, No. 3)
• "No Walk in the Park: The Duty Owed by Municipality to Users of its Facilities" (Municipal Liability Risk Management, Butterworths, November 2001, Vol 3, No. 1)
• "Localized Standard of Care for Volunteer Fire Departments" (Municipal Liability Risk Management, Butterworths, July 2000, Vol. 1, No. 5)
• "Ensuring Subrogation Rights" (The Insurance Report, Risk Management Counsel of Canada, October 2004, Volume 6)
• "Preserving Privilege - Severance in Actions for Coverage and Bad Faith" (The Insurance Report, Risk Management Counsel of Canada)
• “Light at the End of the Tunnel an Oncoming Train for Insurers: Canadian National Railway Co. v. Royal and Sun Alliance Insurance Co. of Canada" (Underwritings, April 2009)
• "Derivative Redux" (Case Commentary - Pender v. Squires)"  (Underwritings, August 2011)
• Past Contributing Editor of the Canada Law Book text Annotated Commercial General Liability Policy

Lectures & Presentations

• "Emerging Issues in Insurance Law", Risk and Insurance Management Society, Inc. (NL Chapter), November 2002
• "Host Liquor Liability - Recent Developments", Cox & Palmer Insurance Industry Seminar, September 2002
• "Assessment of Claims - Future Income Loss and Cost of Care", Cox & Palmer Insurance Industry Seminar, May 2007
• "Torts Trivia - Recent Case Law Developments", Cox & Palmer Insurance Industry Seminar, May 2009
• "Auto Legislation, Claims Bifurcation, Trust Information", CBA-NL Professional Development Seminar, July 2009
• "Torts Trivia - Recent Case Law Developments", Cox & Palmer Insurance Industry Seminar, May 2010
• "Torts Trivia - Recent Case Law Developments", Cox & Palmer Insurance Industry Seminar, May 2011
• “Surveillance and Social Media – Privacy Issues in Civil Litigation”, Newfoundland & Labrador Access & Privacy Workshop, May 2011
• "Torts Trivia", Cox & Palmer Regional Insurance Industry Seminar, May 2011

Professional Activities & Affiliations

• President, Newfoundland and Labrador Branch of the Canadian Bar Association (2004/2005)
• Executive Member, Newfoundland and Labrador Branch of the Canadian Bar Association (2001-2006)
• Member, Canadian Bar Association National Board of Directors (2004-2005)
• Co-Chair, Law Day 2000
• Representative, Canadian Bar Association (Newfoundland and Labrador Branch), CBA National Futures Committee (2006-2007)
• Chair, Insurance Law Section, Canadian Bar Association, Newfoundland and Labrador Branch (2008-present)
• Past Member, LexisNexis/Quicklaw Canada Customer Advisory Board
• Member, Canadian Defence Lawyers
• Member, Defense Research Institute ("DRI")
• Instructor, Civil Procedure, Bar Admission Course of the Law Society of Newfoundland and Labrador (2003-present)
• Member, Board of Directors, Canadian Bar Insurance Association (2011-present)

Activities Within Firm

• Chair, Staff Committee (2007-2010)
• Member, Library Committee (2007-present)
• Member, Occupational Health and Safety Committee (2010 – present)
• Chair, Cox & Palmer Insurance Industry Seminar (2010)
• Past Editor, Regional Insurance Industry Group Newsletter

Community and Volunteer Activities

• Lifetime Member, East Coast Trail Association
• Member, Memorial University Varsity Basketball Booster Club
• Member, Board of Directors, CNIB (Newfoundland and Labrador Branch) (2008-2010)
• Member, Bowring Park Foundation