Civil Litigation & Catastrophic Personal Injury
Past Cases of Possible Interest
- Driskell v. Dangerfield,  Man. J. No. 206 (Q.B.); I was architect of winning novel legal argument submitted by Harvey Strosberg Q.C. supporting civil claim of prosecutorial liability in negligence in case where wrongful conviction resulted from government withholding of exculpatory and other evidence that could have been used by defense at trial to undermine strength of prosecution’s case in murder trial; ruling on this point upheld on appeal.
- Renaerts v. Vancouver General Hospital; as sole practitioner, acted for infant plaintiff, claiming medical negligence; settled case on eve of trial for a record 8.7 million dollars; doctors and nurses refused to provide basic care for newborn infant who was intended to be aborted; brain damage, quadriplegia, and cerebral palsy resulted from unattended birth, neglect, and abandonment by hospital nurses and residents. The case took six years of work, the last four in collaboration with Tom Berger, Q.C. as senior counsel. There were 17 discoveries that took place in Canada, the United States and Spain. The Supreme Court and the Court of Appeal dismissed applications by the Defendants for summary judgment, striking the jury and an adjournment; Vancouver, BC.
- Gray v. Parton and the BC Social Credit Party; successfully contested the flawed nomination of Parton to run as a candidate, by obtaining successive injunctions to force a new nomination hearing; Vancouver, BC.
- Belnap v. Meakes, acted at trial for uninsured defendant physician whose liability at trial for medical malpractice was reversed by the Court of Appeal, which substituted its own factual findings to that of the trial judge, who had misapplied the law of causation and misdirected himself on the evidence; Victoria, BC.
- Carriere; acted at inquest for family of deceased who died of cocaine poisoning while in police custody; Kelowna, BC.
- Wilson; acted at inquest for family of deceased who died in hospital after being given penicillin, while wearing a medic alert necklace warning of her allergy; Victoria, BC.
- Steeper; as government arbitrator, dismissed discriminatory eviction notice issued by strata council to a married couple who had a newborn child and lived in adult only condominium; Victoria, BC.
- Pedder Bay; as government mediator, settled water dispute involving entire trailer park community; Victoria, BC.
- Faa; as government arbitrator, dismissed landlord application to evict 30 year rooming house tenant without cause without sufficient notice period, thwarting plans to renovate building to profit from tourists seeking accommodation during the 1986 World’s Exposition; Victoria, BC.