KSW Successful Cases: Achieving Positive Outcomes

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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

Review Reference #R0236326

We were granted leave to request a late review of a 2014 decision which provided our client’s total disability pension would terminate on his 70th birthday. The Review Division varied the Board’s decision and determined that benefits would be payable until age 75. The client received a $30,000 retroactive payment and three extra years of pension payments.

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. 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.

WCAT-2015-03295

Our client was crushed between a metal bin and guard rail when a loader ran into the bin. He suffered serious physical injuries which were recognized by the Board, however he was only granted a 5% pension for the serious psychological conditions he developed, including PTSD and major depressive disorder. In a successful appeal, WCAT increased the psychological pension award to 15%, resulting in retroactive compensation of over $150,000 to our client.

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