KSW Successful Cases: Achieving Positive Outcomes

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Review Reference #R0239077

Our client was a Search and Rescue Volunteer that developed PTSD due to his exposure to many traumatic events, which prevented him from working at his regular job. WorkSafeBC tried to set his wage rate at the statutory minimum of $10 per week because his injuries related to his volunteer work. We sought a review of this decision and the Review Division overturned the Board. As a result, our client now receives fair compensation.

Roy v. Tailwind Management Systems and others, 2013 BCHRT 258

The employer brought an application to dismiss our client’s human rights claim after she was terminated from employment during a medical leave. The Tribunal dismissed the application and found the case should proceed. The case was subsequently resolved before the hearing.

Royal Bank of Canada v. Seikhon Farms et al., 2014 BCSC No. B081815, Vancouver Registry

Chris was co-counsel in defending a large Abbotsford farming operation in an action brought by the Royal Bank for $800,000. We third-partied several other businesses involved in the transaction in question. One of the third parties was in bankruptcy and applied for an absolute discharge, which would have prevented our client from continuing the third party claim. We argued against the application and it was dismissed. The case was settled soon after this.

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.

Desrochers v. Teksmed Services, 2013 BCHRT 56

Our client was terminated from employment during a medical leave. The employer applied to dismiss her complaint to the Tribunal, partly because of a concurrent employment standards proceeding. The Tribunal dismissed the employer’s application and found the case had a reasonable prospect of success. It was settled shortly after the decision.

G.R. v. Canada Employment Insurance Commission, 2016 SSTGDEI

Client applied for EI benefits and was denied. The main issue was whether the Appellant lost his employment by reason of his own conduct, specifically being terminated for absenteeism. Chris was able to successfully show that his client’s actions did not constitute misconduct.

Gibson v Matthies, 2017 BCSC 839

Chris represented the defendant in a claim brought by the plaintiff in relation to a motorcycle accident. After a three-day trial on liability, the Court determined that the plaintiff was 75% responsible for the accident.

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