Personal Injury (Including medical malpractice, assault, and ICBC claims)
Most Personal Injury cases are settled out of court, with proper preparation. Many other cases are resolved by civil juries, which do not provide reasons for publication.
- R.W.T. v. G.V.H.S.
We successfully appealed a trial court decision in a medical malpractice case. The court notes "Because I am of the view the trial judge should have considered whether the nurse's statement was admissible as an exception to the hearsay rule, and should have considered the evidence of the bruise, I would allow the appeal of the order as it relates to the hospital defendants."
- Delaronde v. HMQBC (Baby Molly)
The plaintiffs obtained damages from the defendants as a result of an assault of the infant Molly Delaronde ("Molly") by the defendant Kim Kierkegaard ("Kierkegaard") while Molly was in Kierkegaard's care as a foster parent as a result of apprehension by the Ministry of Children and Families. The judgment for Molly was valued in excess of $6,300,000.00.
- J. P. v. Thomas John Sinclair
We were successful in defending, on Appeal, an order finding that a School Board may be liable for injuries suffered by children abused by their employees.
- S.F. v. O.R.W.
Ms. Forbes was hit in her wheelchair on a crosswalk. The driver contested liability, stating that Ms. Forbes had darted into the crosswalk. We were successful in obtaining judgment for Ms. Forbes for her injuries and increased care costs.
- A.E.T. v. S.R.
We were successful in obtaining compensation for our client who was abused as a child, in the amount of over $365,000.
Family
- M.B. v. P.D.
We were successful in obtaining an order for child maintenance retroactive to the date when the payor finished his education, and began to earn a significant income, as well as daycare costs for those years.
- Aitken v. Aitken
The Court of Appeal of British Columbia allowed the wife's appeal of an unequal division of assets. The husband had reinvested his income during the marriage, while the wife had paid all of the daily expenses for the family. The court ordered that the wife receive one-half of the business operated by the husband.
- C.L.C. v. J.C.W.
The parties had two children. On separation, the father agreed to pay child support. He left the country, and would only communicate by e-mail, he did not provide support. It was known from the email correspondence that the father had substantial assets out of country. We succeeded in obtaining an order for the custodial mother setting arrears and future child support, to be payable as a lump sum, plus costs of the litigation.
- J.M.W. v. G.B.H.
The parties lived together as common law spouses for a short period of time. Our client provided the funds for purchase of a house. We successfully defended against the claim of our client's common law spouse for a 40 percent interest in the value of the house, and obtained an order that he receive approximately 99 percent of the value.
- A.T. v C.T.
At issue were whether the father had to pay child support for the middle child, who was living with the mother and would be attending post-secondary education as soon as she could afford the tuition.
- J.S v. D.G.
We successfully appealed a lower court finding providing a common law spouse with only a small share of the family assets. The Court found, "I would allow the appeal to the extent of ordering Ms. Gidden to pay Mr. Shannon $39,000, rather than the $20,000 ordered by the trial judge. I would also award Mr. Shannon the costs of this appeal.
- M.R.B. v. J.L.B.
We were successful in applying to retroactively vary the order for child maintenance to accord with the payor's actual income in the pertinent years, as opposed to the imputed income on which the initial order was originally based.
- R.B. v. C.O.
We represented a stepfather who married his stepson's mother and lived with the child until the child was five years old. The child's biological father was not involved in the child's life, and paid no child support. On separation, the stepfather paid child support and continued to be involved in the child's life. About two years after separation, the mother curtailed access. She then moved from British Columbia with the child without telling the stepfather. The stepfather stopped paying child support. The mother and child subsequently returned to British Columbia, but the stepfather had no further involvement with the child. After a further three years, the mother sought to enforce arrears of child maintenance. We obtained an order cancelling all arrears including interest and default fees, and reducing ongoing child support to $1 per year.
- P.E.W. v. R.M.W. (1)
Ms. Rivers acted for the mother and successfully defended her against paying for her ex-spouses' student loan debt.
- R.G.F. v. K.A.W.
The mother of four children successfully applied for custody and guardianship of the children, although she had moved with the children to Manitoba on separation.
Estates
- R.M.W. v. R.L.W.
We successfully appealed a lower court decision finding beneficiaries personally liable for costs in a Wills Variation Action. "While it was appropriate to name the individual defendants to bind them to the order, the claim really was against the estate, and it is the estate which should bear the costs: Re Vielberg and Jansson et al (1995), 121 D.L.R. (4th) 485 (B.C.C.A.). The executors were obliged to defend the will and the other parties were all drawn into the litigation by the conduct of the testator. In these circumstances, in my view, the Plaintiff is entitled to her costs of the trial from the estate."
- D.E.M. v. L.W.W.
Mrs. More was suddenly widowed after a short second marriage. The death of her husband was unexpected. His will left her only nominal bequests. The majority of his estate was left to the children of his first marriage. We brought an application under the Wills Variation Act and were successful in obtaining for Mrs. More an order for 25% of her husband's estate.
Other Civil Actions
- A. K. v. Dominion of Canada General Insurance
When an insurance company denied benefits to the victim of a fire, we obtained judgement to cover his losses. The court notes "You must not convict a man on one suspicion, you must not convict him on a thousand suspicions; you must not add a thousand suspicious circumstances together and say 'that is proof'. No, you must find somewhere a solid anchorage upon which you can say: 'I am secure of this basis'."
- Neff v. Patry and Anderson
When our client was falsely accused of stalking two women, and arrested in his workplace, we successfully obtained damages for malicious prosecution, abuse of process, and intentional infliction of mental suffering. We also obtained an order for punitive damages against one of the defendants.

