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Denny Chung

Counsel
About

Denny is a litigation lawyer. He practices in insurance, coverage, class action defence, procurement, construction, and aviation matters.

Denny has defended design professionals and companies against professional liability, directors’ and officers’ liability, product liability, cyber liability, property damage, and general liability claims. He has advised on, defended, and enforced coverage and bad faith claims for insurers and insureds.

Denny has defended class actions involving product liability and consumer protection claims. He is experienced in multi-defendant class actions involving extensive coordination in pre-certification motions and at certification.

Denny represents construction stakeholders throughout the life of a project. He negotiates and drafts contracts during the procurement process. He also defends and prosecutes claims involving delay, extras, builders’ liens, performance bonds, and labour and material payment bonds.

In aviation matters, Denny has acted for insurers and airlines in defending and prosecuting claims for breach of contract, fraud, hull damage, and business interruption.

Denny has litigated at all levels of court in British Columbia, in arbitrations under a variety of arbitral rules, and in tribunals. Denny has been ranked every year from 2022 to 2025 in Best Lawyers® in Canada: Ones To Watch (Insurance Law, 2022-2025; Construction Law, 2025).

Bar admissions / Professional QualificationsBritish Columbia, 2018

EXPERIENCE

  • Defeating an injunction application to restrict the windup and appointment of a liquidator over a Strata Corporation to market and sell common assets, property, and lands: Buckerfield v The Owners of Strata Plan VR. 92, 2018 BCSC 839, aff’d 2019 BCCA 196
  • Successful in a motion to enforce arbitration agreements via contractual flow-down provisions in a $61 million arbitration.
  • Successful in a motion to strike $650,000 counterclaim for lack of jurisdiction in an arbitration under the Commercial Arbitration Rules of the International Chamber of Commerce.
  • Successful on summary judgment to dismiss malicious prosecution claim involving novel application of the law on malicious prosecution: Degen v British Columbia, 2019 BCSC 2498
  • Successful recovery in arbitration to recover payment for aircraft maintenance services under the Commercial Arbitration Rules of the International Chamber of Commerce.
  • Arbitration of $61 million delay and design-error claims concerning a $325 million global-budget project.
  • Successful recovery for international professional services network in a $11 million dispute concerning a multi-billion dollar clean energy project, involving priority and trust claims in receivership proceedings under the Bankruptcy and Insolvency Act
  • Successful defence and resolution of national class action against multinational supermarket retailer concerning consumer protection and product liability claims under Competition Act and Business Practices and Consumer Protection Act
  • Successfully resisting appeal for insurer against claims dismissed at trial for breach of insurance policy, bad faith, breach of the Insurance Act, and defamation.
  • Successful recovery in claims for hull damage and business interruption under an aircraft charter agreement.
  • Successful recovery in a $13 million dispute involving design errors, delay, and business interruption concerning the development of a P3 closed-loop organic renewal energy facility.
  • Defence of environmental claims in a $5 million dispute concerning contamination of commercial-use lands.
  • Successfully enforcing indemnity coverage for full indemnity under a marine hull & machinery policy concerning a bareboat chartered vessel.
  • Successfully prosecuting and resolving claim to enforce indemnity coverage involving LEG-3 exclusion under a builders’ all-risk policy.
  • Successfully enforcing indemnity and insurance-covenant provisions to extricate tenant retailer from third-party liability claims.
  • Successfully enforcing claims for defence and indemnity coverage, and equitable contribution under overlapping policies concerning product liability, construction deficiency, and class action claims.
  • Successful in tribunal hearing defeating claims of financial misconduct and overcharge against a Strata Corporation: Gutmann v. The Owners, Strata Plan LMS 13, 2019 BCCRT 235
  • Drafting and negotiating standard-form and bespoke contracts for commercial and high-value residential developments.
Languages
  • English
Education
  • J.D., University of Alberta, 2017

AWARDS AND RECOGNITION

  • Best Lawyers® in Canada: Ones to Watch, Insurance Law, 2022-2025, Construction Law, 2025

Memberships and Affiliations

  • Member, American Bar Association (Tort Trial and Insurance Practice, Air and Space, Construction,), 2024 - Present
  • Member, Canadian Bar Association
  • Member, Canadian Bar Association of British Columbia
  • Former Board Director, The Lawyers’ Inn Society, 2018 – 2020

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