KSW Successful Cases: Achieving Positive Outcomes

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Pringle v. Pringle, 2020 BCSC 75

Chris was co-counsel for the defendant in a case where the plaintiff claimed that the defendant intentionally ran him over with her vehicle. After a six day trial, the Court dismissed the plaintiff’s claims for aggravated and punitive damages and found the plaintiff was in fact 50% responsible for the incident.

R v. Sodyl, 2013 BCPC 213

Chris’ client was charged with possession of a controlled substance. We brought an application for exclusion of the evidence pursuant to Charter of Rights and Freedoms. The Court found that the stop of the vehicle was illegal, our client was not provided a timely right to counsel, and the grounds for the arrest were inadequate. As such, the search was deemed to be unreasonable. The evidence was excluded and the client was acquitted of the charges.

Randhawa v. Evans, 2020 BCCA 292

WCAT No. A1604204

Chris represented the developer of a large construction project in Abbotsford that was fined almost $60,000 in two separate penalty orders for alleged safety contraventions on site. After an initial review, the Review Division doubled the second penalty, increasing the total fine to $90,000. We appealed to WCAT and it was determined the Review Division’s reasoning was flawed. As a result, the second penalty was cancelled altogether and the fine reduced to less than $30,000.

WCAT No. A1607061

Chris’ client was a long-haul truck driver who suffered a serious knee injury. During the course of treatment, the client suffered a new tear in his knee which the Board refused to recognize. After our successful appeal to WCAT, the client received a retroactive payment of $107,000 and his entitlement to ongoing benefits and retraining was restored.

WCAT No. A1703349

Our client was a delivery driver who injured himself in the course of work. He developed piriformis syndrome and chronic pain. WorkSafeBC suggested he retrain as a laundry worker and cut off benefits. We appealed to WCAT and the decision was overturned. Our client eventually received a 100% loss of earnings pension.

WCAT No. A1703496

Our client suffered a rare form of eye injury at her manufacturing plant. WorkSafeBC denied that the injury arose out of and in the course of employment. After an oral hearing at WCAT, the decision was overturned and the client received compensation for the injury, including retroactive benefits of $27,000 and a permanent pension until age 65.

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