Faculty

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Barbara A Billingsley, BA, LLB, LLM (Alberta)

Professor

Law

About Me

Professor Billingsley's teaching and research interests are in the areas of insurance law; civil litigation; and constitutional law in the context of civil justice. She is the author of General Principles of Canadian Insurance Law (2nded., LexisNexis, 2014) and a co-editor of The Civil Litigation Process: Cases & Material (8thed., Emond Montgomery, 2016). She is a recipient of the Canadian Bar Association / Law Society of Alberta Award for Distinguished Service for Legal Scholarship (2018); the University of Alberta’s Rutherford Award for Undergraduate Teaching (2016); and the Tevie Miller Teaching Award for the Faculty of Law (2005). Before joining the faculty, Professor Billingsley practiced civil litigation, primarily in the area of insurance defence. She is currently a member of the Law Society of Alberta, the Law Society of the Northwest Territories, and the editorial board of the Canadian Journal of Insurance Law. She is also the Chair of the Advisory Board of the Centre for Constitutional Studies.


Research

Insurance Law; Litigation Process & Civil Procedure (including Class Actions); Constitutional Law in the Private Law Context


Teaching

Insurance Law; Civil Procedure; Class Actions


Publications

Books

  • (Co-editor) The Civil Litigation Process: Cases & Materials, 8th ed. (Toronto: Emond Montgomery, forthcoming).

  • General Principles of Canadian Insurance Law, 2nd edition (Markham, Ontario: LexisNexis Canada, 2014).

  • (Contributing Editor) Halsbury’s Laws of Canada, 1st Edition, Insurance (Markham, Ontario: LexisNexis Canada, 2010).

  • General Principles of Canadian Insurance Law, 1st Edition, (Markham, Ontario: LexisNexis Canada, 2008).

Chapters in Edited Collections

  • “Walking the Tightrope: The Struggle of Canadian Courts to Define Freedom of Religion Under the Canadian Charter of Rights and Freedoms”, in Freedom of Religion under Bills of Rights, (Paul Babie and Neville Rochow (eds),in conjunction with the University of Adelaide Research Unit for the Study of Society, Law and Religion).

  • “No Fault Automobile Insurance in Canada: Recent Trends & Legal Issues”, in Traffic Accident Compensation, Modern Insurance Solutions (ed. Dr. Katarzyna Ludwichowska)(Warsaw, Poland: Poltext), 2011.

  • “Chapter 18: Justification”, in L.I. Rotman, B.P.Elman & G.L. Gall (eds.), Constitutional Law, Cases, Commentary and Principles, (Toronto, Ontario: Thomson Carswell, 2008).

  • “Chapter 28: The Constitutional Override Clause”, in L.I. Rotman, B.P.Elman & G.L. Gall (eds.), Constitutional Law, Cases, Commentary and Principles, (Toronto, Ontario: Thomson Carswell, 2008).

  • “Sections 7 and 15(1) of the Charter and Access to the Public Purse: Evolution in the Law” (Co-authored with P. Carver) in G. Mitchell, I. Peach, D.E. Smith & J.D. Whyte (eds.), A Living Tree: the Legacy of 1982 in Canada’s Political Evolution (LexisNexis Canada Inc., December 2007).

Articles in Law Journals

  • "'Ingathered' Records and The Scope of Litigation Privilege in Canada: Does Litigation Privilege Apply to Copies or Collections of Otherwise Unprivileged Documents?" (November, 2014) 43:3 Advocates Quarterly 280-305.

  • “Policies & Prejudice: Examining the Mandatory Disclosure of Liability Insurance Policies & Policy Limits in Tort Litigation, (July, 2014) 47:2 University of British Columbia Law Review 329-365.

  • “Introduction”, Special Issue: Insurance Law, (February, 2013) 50:3 Alberta Law Review, 535-539.

  • “Alberta’s Insurance Amendment Act: Meaningful Change or a Long Arrow with a Short Bow?” (August, 2012) 50:1 Alberta Law Review 171-186.

  • “Disclosure, Material Facts, Post-Loss Underwriting and the Insurer’s Duty of Utmost good Faith: A Commentary on Sagl v. Cosburn, Griffiths & Brandham Insurance Brokers Ltd. and Thomas v. Aviva Insurance Co.”, (2012) 30:3 Canadian Journal of Insurance Law pp. 37-45.

  • “Sections 7 and 15(1) of the Charter & Access to the Public Purse: Evolution in the Law?” (Co-authored with P. Carver, University of Alberta Faculty of Law)(2007) 36 Supreme Court Law Review 221 - 249.

  • “Oakes at 100: A Snapshot of the Supreme Court’s Application of the Oakes Test in Social Policy v. Criminal Policy Cases” (December, 2006) 35 Supreme Court Law Review 347-411.

  • “Insurance Classification in a World of Multi-Peril Policies: The Development of Canadian Law Since KP Pacific Holdings Ltd. v. Guardian Insurance Co. of Canada and Churchland v. Gore Mutual Insurance Co.” (May, 2006) 24:3 Canadian Journal of Insurance Law 33-43.

  • “Insurance Law Developments from the Supreme Court of Canada in 2005: Marche v. Halifax Insurance Company and Royal Bank of Canada v. State Farm Fire and Casualty Co.” (January 2006) 24:1 Canadian Journal of Insurance Law 1-9.

  • “Legislative Reform and Equal Access to the Justice System: An Examination of Alberta’s New Minor Injury Cap in the Context of Section 15 of the Canadian Charter of Rights and Freedoms (2005) 42:3 Alberta Law Review 711-739.

  • “The Regulation of Science and the Charter of Rights: Would a Ban on Non-Reproductive Human Cloning Unjustifiably Violate Freedom of Expression?” (Co-authored with T. Caulfield, University of Alberta Faculty of Law) (Spring, 2004) 29:2 Queen’s Law Journal 647-679.

  • “Whiten’s World: The Supreme Court of Canada’s Insurance Law Decisions since Whiten v. Pilot Insurance Company” (October, 2003) 27:3 The Advocates’ Quarterly 237-258.

  • “Selected Good Faith Issues in Canadian Insurance Law” (March 2003) 21:2 Canadian Journal of Insurance Law 17-28.

  • “A Constitutional Analysis of the Proposed Ban on Non-Reproductive Human Cloning: An Unjustified Violation of Freedom of Expression?” 11.1 (2002) Health Law Review 32-39.

  • “Listening to the Dialogue: An Examination of the Degree of Public and Media Attention Provided to the Legislative Responses to Court Decisions Involving Equality Rights and Sexual Orientation” 52 (2003) University of New Brunswick Law Journal 143-178. Also published in conference proceedings Justice P.A. Molinari, ed., Dialogues About Justice: The Public, Legislators, Courts and the Media (Canadian Institute for the Administration of Justice, 2002), pp. 27-61.

  • “Section 33: The Charter’s Sleeping Giant” (2002) 21 Windsor Y.B. Access Just. 331-346.

  • “The Supreme Court of Canada and the Alberta Court of Appeal: Do the Top Courts Have a Fundamental Philosophical Difference of Opinion on Public Law Issues”, (Co-authored with B. Elman, now at the University of Windsor Faculty of Law)(November 2001) 39:3 Alberta Law Review 703-737.

  • “Caught in the Middle: Rethinking the Obligations of Insurance Defence Counsel When Liability Insurance Coverage is Called into Question" (February 2000) Can. Bar Rev. 221-251.

Case Comments and Notes

  • “Taking Measure of the Charter’s Equality Guarantee: A Comment on the Court of Appeal’s Ruling in Morrow v. Zhang” (October 2009) 47:1 Alberta Law Review 229-252.

  • “Somersall, Subrogation and the Supreme Court: How the Top Court’s Ruling in Somersall v. Friedman Seriously Undermines Insurance Law Theory and Practice” (April, 2003) 40:4 Alberta Law Review 917-928.

  • “Rights, Recognition, and Rectification: Constitutional Remedies in Johnson v. Sand” (Spring 2002) 12:2 Constitutional Forum, pp. 60-68.

  • “And the Band Plays On . . . a Critical Look at the Decision of the Ontario Court of Appeal in Fellowes, McNeil v. Kansa General International Insurance Co. Ltd.” (October 2001), Canadian Bar Review 1039-1050.

  • “Is there a Constitutional Right to Paid Legal Counsel in a Civil Law Matter? An Analysis of the Supreme Court of Canada’s Findings in N.B. v. G (J)” (Spring, 2000) 3 Civil Justice Forum 4-11.

  • “Virani v. Edwards: ‘Sham Ownership’ and Third Party Automobile Insurance Claims in Alberta” (January 2000) 18:1 Canadian Journal of Insurance Law 1-8.

  • "Public School Boards' Association of Alberta v. Alberta: The Arguments Favouring Constitutional Protection of Alberta's Public School Boards: Wolves in Sheep's Clothing" (Spring 1999) 10(3) Const'l Forum 73-80.

  • "Margetts v. Timmer Estate: The Continuing Development of Canadian Law Relating to Mary Carter Agreements" (December 1998) 36(4) Alta. L. Rev. 1017-1031.

Book Reviews

  • Book Review of J. Walker & L. Sossin, Civil Litigation, (February, 2013) 90:3 Canadian Bar Review 729-733.

  • A Closer Look at Uberrimae Fidei: A Review of Insurance Bad Faith by Gordon Hilliker, Q.C. (LexisNexis Canada Inc., 2004)(2005) 42:4 Alberta Law Review 1137 - 1139.

  • Book Review of R. Moon, “The Constitutional Protection of Freedom of Expression” April, 2004) 14:4 Alberta Law Review 887-890.

On-Line Publications

  • “Canadian Western Bank: Recasting the Role of Interjurisdictional Immunity”, The Court, www.thecourt.ca, June 5, 2007.

Research Reports

  • “Civil Justice System & the Public: Learning from Experiences to Find Practices that Work” (co-authored with Diana Lowe, Q.C. and Dr. Mary Stratton)(May, 2006), report to SSHRC on the Civil Justice System & the Public Research Project, Canadian Forum for Civil Justice, p. 1-102.

Unpublished Works

  • “Litigation Privilege in the Information Age”, conference materials, 47th Annual Refresher – Civil Litigation, Legal Education Society of Alberta, Lake Louise, Alberta, April 28, 2014.

  • “Recent Developments & Current Issues in Canadian Insurance Law”, conference materials, Contracts, Conflicts and Remedies: A ‘Supreme’ Update, National Judicial Institute, Moncton, New Brunswick, May 3, 2012.

  • “Bad Faith Between Insurers and Insureds: An Update on the State of Canadian Law”, Conference materials, “Hot Topics in Civil Litigation and Insurance Law”, the Canadian Bar Association National Civil Litigation and Insurance Law Sections, Banff, Alberta, October 23-24, 2009 and the Canadian Bar Association New Brunswick Mid-Winter Meeting, Moncton, New Brunswick, February 4-6, 2010

  • “The New Insurance Act: An Alberta Perspective”, Conference Materials, the Canadian Insurance Coverage Symposium, Pacific Business & Law Institute, Vancouver, British Columbia, October 14, 2009

  • “The Supreme Court’s Insurance Law Decisions since Whiten v. Pilot Insurance: An Update”, Conference Materials, the Legal Education Society of Alberta’s “Legal Update” Seminar, June 13, 2007 (Calgary) and June 20, 2007 (Edmonton)

  • “Insurance Law Developments From the Supreme Court of Canada in 2005: Marche v. Halifax Insurance Company and Royal Bank of Canada v. State Farm Fire and Casualty Co.”, Conference Materials for “Defence Briefs”, Canadian Defence Lawyers, Calgary, Alberta, October 6, 2005

  • “Words of Whiten: The Supreme Court of Canada’s Ruling in Insurance Law Cases Since Whiten v. Pilot Insurance Company”, Conference Materials for Legal Education Society of Alberta, Calgary, Alberta, November 19, 2003 and Edmonton, Alberta, November 26, 2003

  • “Good Faith Issues in Canadian Insurance Law”, Conference Materials for Canadian Defence Lawyers, Edmonton, Alberta, June 2002

  • “Breathing Life into Charter Protection of Social Benefit Programs: Remedial Considerations”, for “Access to Civil Legal Aid and Other Positive Government Obligations Under the Charter” A Colloquium sponsored by LEAF, Toronto, Ontario, May 13, 2002

Public Legal Education Publications

  • Articles in LawNow Magazine:
    • “Evolution Not Revolution: Canada’s Constitutional History and the Constitution Act, 1867”, (January 2013)[on-line]

    • “Equality & Multiculturalism: A Blurry Picture”, (Jan/Feb 2011)[on-line]

    • “Equality Rights and Alberta’s Minor Injury Cap”, (Jan/Feb 2009) 33:3 at 28-31

    • “What Has the Charter Done for You Lately?” (Sept/Oct 2007) 32:1 at 8-10

    • “The Supreme Court of Canada Protects the Little Guy” (Apr/May 2005) 29:5 at 27-30

    • “Civil Dispute Resolution: A Roadmap of the Alberta Options” (Apr/May 2004) at 9-11

    • “Good Fences Make Good Neighbours” (June/July 2002) 26:6 at 14-16

    • “Canada’s Triangle of Democracy” (June/July 2001) 25:6 at 15-18

    • “After the Cheque: Helping Your Insurance Company” (Dec 1999/Jan 2000) 24:3 at 19-22

    • “The Charter: Changing Canadian Law for the New Century”(Apr/May 1999) 23:5 at 8-11

    • “More Than Just an Opinion Poll” (Oct/Nov 1998) 23:2 at 29-31.

    • “Telling Your Story: Some Tips on Giving Evidence” (June/July 1998) 22:6 at 11.

    • “Insuring Against Natural Disasters” (June/July 1998) 22:6 at 34.

    • “The Best Defence: Liability Insurance for Your Home” (Feb/Mar 1998) 22:4 at 12.

    • “The Dog Did It: Civil Liability of Pet Owners” (Apr/May 1997) 21:5 at 27-29.

    • “Professionals’ Advice & Legal Liability” (June/July 1996) 20:6 at 20-22.

    • “The Civil Code of Quebec: A Distinct Legal System” (Feb/Mar 1996) 20:4 at 27-29

  • Articles in Lawyers Weekly:
    • “When is Loss Caused by Bodily Infirmity an Accident?”, October 26, 2012

    • “Reforms Expand Rights of Purchasers”, June 8, 2012.

    • “Alberta Insurance Reforms Take Effect Next July”, October 28, 2011, p. 11.

    • “What’s New in Bad Faith?”, January 14, 2011.

    • “Thresholds, Deductibles & Caps”, August 18, 2006.

    • “Alberta’s Minor Injury Cap May Violate s. 15 of the Charter”, June 10, 2005, p. 11-12.