OUR
CASES
click on the above headings for
the text of some of our cases
Appellate Litigation
We are frequently consulted by
individuals who want to appeal a decision of the BC Supreme Court. Although
we were not original trial counsel, we have successfully appealed
numerous decisions. See for instance the recent decision
of Toor
v. Toor [2007] BCJ No. 1428 where the plaintiff
was not happy with a very low jury verdict. On appeal a
new trial was ordered because of inconsistencies in the jury
verdict. The Supreme Court of Canada decision in Just
v. BC also started as a case we took over after
it was initially lost.
Class Actions
Class actions in BC can involve anything from products liabilities
to pension litigation to systemic sexual assault. We have
recently completed a complex class action based on systemic sexual
assaults against cadets associated with HMCS Discovery in Stanley
Park. The case involved a $10 million claim against the
Federal government. See White v. Canada.
Commercial Litigation
This litigation has included stock fraud litigation (Huff
v. Donnelly), fiduciary cases (Jacks v. Davis)
and pension fund litigation (Hockin v. Bank of BC). We
have recently appeared in the Supreme Court of Canada on a
pension fund case (Buschau v. Rogers).
Crown Liability
We were the plaintiff’s counsel in the ground breaking
Supreme Court of Canada decision of Just .v BC. This
decision for the first time established liability against a government
entity for negligence. We have subsequently sued the government
of BC many times in personal injury cases to establish a plaintiff’s
entitlements to compensation. (Also see the Supreme Court of
Canada decision in Lewis v. BC).
Defamation
We have experience suing on behalf of plaintiffs who have been
publicly defamed. (See Grassi v. Vancouver).
Employment Law
John Laxton QC began his
legal career as a labour lawyer in this province. The firm continues
this tradition by representing plaintiffs in a litigation context
in wrongful dismissal claims and long term disability matters.
In some cases issues of bad faith arise in these contexts which
have to be properly evaluated. We also have for many years been
involved in negotiating employment contracts in the media and
television industry representing some of the key personalities
in the industry.
Medical
Malpractice
We have extensive experience in
the area of medical malpractice litigation both before a judge
or jury. Many of these cases
require substantial preparation. We have a proven record
of being highly successful in this area. (See Lee
v. Richmond Hospital, $7 million claim; Jones
v. Rostvig ; Chattu v. Pankratz). Medical
malpractice cases can arise in different situations. We have
litigated perforated bowels and liposuction cases successfully
before a jury. Similarly we have successfully litigated medical
malpractice cases involving infants (Duncan v
Kemp ; Bastian v Dr Mori).
Each case must be examined carefully on its facts with the help
of specialized professionals.
Occupiers'
Liability
Occupiers' liability is concerned
with the responsibility of those who control property. The
claim arises when a patron at a restaurant, store or arena for
example suffers personal injuries. We have successfully represented
a plaintiff who fell over a banister at the PNE beer garden (Kniblock
v. PNE)
Pension Law
Our firm has litigated most of the important pension cases in
BC. The important case of Hockin v. Bank of
BC involved a $60 million surplus claimed by the
members of the pension plan.
Personal Injury
Whether the case arises from an automobile injury, a sports
injury or an injury arising from medical malpractice, our firm
has been on the cutting edge of expanding both liability and
damage claims for plaintiffs. Our firm went to the Supreme
Court of Canada to increase damage recovery for plaintiffs with
the recognition of a tax gross up claim. This is now a
common damage claim for seriously injured plaintiffs in this
province. With respect to liability we have represented
plaintiff who have been injured in sporting activities and by
rocks falling on highways. In Just v. BC we
took the case to the Supreme Court of Canada to obtain judgment
for the plaintiff against the government of BC for a plaintiff
who was injured by a rock falling onto his car when driving on
the highway. In Kwok v. BC we represented the
plaintiff in his suit against the BC Ferry Corp. where a ferry
ran over his boat killing his wife and child. In Harrison
v. Biggs (the ball and chain case) we represented Mr
Harrison in a case where a stag resulted in serious injury to
the groom. We have continually pushed the boundary for higher
damage claims by advancing new claims for damages and taken on
new and interesting liability cases.
Product Liability
We have sued automobile manufactures for defects in their products
which have caused personal injury. In McEvoy v. Ford,
a Ford truck had a defect which caused the death of Mr. McEvoy.
The transmission in this truck was defective and slipped from
park into a powered reverse. As a result Mr McEvoy was run over
by his own truck.
Sports Law
Serious injuries in sports can sometimes lead to litigation. We
have represented numerous plaintiffs who have been injured during
sporting events. These individuals have recovered very
high awards. (See Zapf v. Muckalt and Unruh
v. Webber.)
