KSW Successful Cases: Achieving Positive Outcomes

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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.

Waterston v. Kerr, 2013 BCPC 148

Chris obtained an award for damages for client in this case involving a breach of contract. The defendant also brought a counterclaim against his client. Chris engaged a geotechnical engineer expert and and was successful in securing the dismissal of the counterclaim.

Royal Canadian Legion Branch Maple Ridge Branch #88 v Service, Health, Manufacturing and Allied Workers Union, CLAC Local 501, 2016 CanLII 44229 (BC LRB)

Chris represented the Employer in defending a reconsideration application before the Labour Relations Board involving the description of a bargaining unit in the context of a union raid application. The union’s resonsideration application was denied.

Sidhu v. Sever, 2014 BCPC No. 20971, Abbotsford Registry

Chris represented the claimant in a breach of contract action regarding a construction dispute. After a four day trial, our client was awarded judgment. The judgment was unique in that the court accepted our client’s argument for compensation based on contractual restitution under the principles of quantum meruit.

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.

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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