KSW Successful Cases: Achieving Positive Outcomes

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WCAT No. A1604273 & A18012412

Our client was a health care worker who injured her shoulder at work. The Board denied her compensation and claimed her injury was pre-existing. We retained a shoulder expert and successfully appealed to WCAT, resulting in the injury being accepted. The Board then tried to limit compensation for the accepted injury. We appealed to WCAT again and the client received fair compensation, including retroactive benefits of over $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. 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.

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

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