KSW Successful Cases: Achieving Positive Outcomes

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WCAT No. A1602170

We acted for a landscape construction company that was fined just under $32,000 when two of its workers failed to wear a seatbelt while driving a tractor on a large construction project in Abbotsford. After an appeal to WCAT, the penalty was downgraded to a lesser category and cut in half.

WCAT No. A1602501

Chris represented a professional engineer who suffered a serious fall resulting in compression fractures to his spine. His pension claim got lost in the system and never adjudicated. After we were retained, WorkSafeBC corrected the issue but decided to end his permanent disability pension at age 65, despite his intentions to work past that date. We appealed to WCAT and won; as a result, the pension will be paid until age 75, resulting in over $120,000 of extra compensation for the client.

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.

A-1 Insulators v. Lalli Development Ltd., 2013 BCPC No. 24242, Richmond Registry

In this decision, Chris successfully defended an application by the defendant that the BC Provincial Court did not have jurisdiction to hear an action brought on a judgment. Accordingly the action was allowed to proceed.

Chohan v. KHK Holdings et. al., 2015 BCPC 131

Chris achieved a successful result for a local Fraser Valley business owner after a three day trial in a matter involving the sale of a $2.7 million blueberry farm and breach of contract issues.

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.

Montgomery-Caplette v. Goldy Kang Real Estate Group

Neiser v. Su, 2014 BCHRT 190

Chris acted for the landlord of a premises in which the tenant alleged discrimination on the basis of a medical disability. The landlord had evicted her following the discovery of a modified electrical panel to support a marijuana grow operation and the tenant’s refusal to allow for repairs to the unit. We applied to dismiss the complaint and the Tribunal granted the application, finding the complaint had no reasonable prospect of success and the allegations as merely speculative and conjectural.

Neiser v. Su, 2014 BCHRT 190

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