Personal Injury
Our firm has a Complex Injury Team to address the difficult issues that can arise from complex or catastrophic personal injuries. While also experienced in addressing the liability issues giving rise to the loss, including those liability practice areas listed below, the members of the Complex Injury Team focus their practices on dealing with the challenging issues that often arise in respect of causation for a claimant's post accident complaints, the valuation of loss of income earning capacity and the appropriateness of past or future care needs.
Specifically, members of our firm's Complex Injury Team have considerable experience dealing with cases involving infants and adults with:
(a) serious brain injury;
(b) mild traumatic brain injury with allegations of associated severe functional impairment;
(c) catastrophic physical injury including spinal cord injuries;
(d) chronic pain;
(e) psychological injury;
(f) varying degrees of injury superimposed on a complicated pre-accident history.
In depth discovery and factual investigation and the engagement of appropriate, respected, properly instructed experts, are all critical elements in the proper evaluation and successful defence of these cases. Our experienced practitioners' early and comprehensive approach to defending complex and catastrophic injury cases has proven effective in providing our clients with timely and accurate assessments as well as practical and cost-effective results.
Occupiers' Liability
The firm currently acts for many of Canada's largest property and casualty insurers. Particular expertise is available in the context of "occupier's liability" of commercial liquor establishments. Our firm has litigated numerous cases concerning "who is an occupier", the liabilities of both landlords and tenants, and the related issue of which types of liabilities do not fall within the framework of the Occupiers' Liability Act. We provide an early assessment of the quantum exposure and the merits of available defenses.
Liquor Liability
We currently act for several insurers who provide coverage on a program basis for bars, pubs, and restaurants. Particular expertise is available in the area of commercial liquor liability as well as social host and "employer" host liability. We regularly publish and speak on this subject and our experience in this area allows us to take advantage of the standard of care distinctions between various classes of establishment.
Transportation Liability
(a) Motor Vehicle
Due to the existence of mandatory third party automobile insurance in British Columbia, out of province insurers need lawyers who are conversant in British Columbia's unique statutory provisions relating to third party and no fault disability benefits. Our professionals provide an early assessment of quantum and implement a variety of defences and alternative dispute resolution mechanisms to minimize your risk.
(b) Rail
Canada's extensive regulations regarding the ownership and operation of rail lines present unique challenges; challenges that our lawyers have the experience and knowledge to properly resolve.
(c) Aviation
The aeronautics industry also operates within a unique legal environment. Our firm is versed in the common law and legislated aspects of aviation liability, including the Aeronautics Act and Carriage by Air Act. We can assist you in resolving both personal injury and property damage claims arising from the use of airplanes and helicopters.
Sports and Recreation
We have a long history of defending municipalities, sports teams and recreational facilities and providers in respect of personal injuries arising from defects with the recreational equipment or facility or the "overly energetic" actions of the other participants. We have had significant success in defeating such actions on the basis of waivers or the claimant's deemed acceptance of the risk.
Sexual Abuse
Civil claims for sexual abuse are on the rise in Canada and elsewhere. Such claims can be "long tail claims" extending to incidents that occurred in the distant past, when arising from "recovered memories" by a third party claimant. Our professionals have the knowledge to defend institutions against claims for sexual abuse. We routinely use alternative dispute resolution to minimize the increasing risk of large damage awards.