Personal Injury

Dunn v Heise, 2021 BCSC 754

Lead counsel on a multi-week personal injury motor vehicle accident claim. The plaintiff, a 24-year-old at the time of his accident, was involved in a highway collision with a logging truck. He suffered life-altering physical and psychiatric injuries. He was awarded $834,631 in damages plus costs and disbursements, which was subsequently altered on appeal

2021 BCSC 754 (CanLII) | Dunn v Heise | CanLII

Hollingshead v O’Reilly, 2020 ABQB 538

Lead counsel on a summary trial on damages arising from a battery, assault, and unlawful confinement perpetrated against a 23-year-old woman. Judgment was awarded to the plaintiff in the amount of $493,650 plus costs, pre-judgment interest, and disbursements. Alberta Health Services was also awarded damages for its provision of health care services.

2020 ABQB 538 (CanLII) | Hollingshead v O'Reilly | CanLII

Cullen v Kao, 2019 ABQB 799

Second counsel on a single issue trial over the applicability of the “inevitable accident” doctrine. The plaintiff was successful in resisting the defence and the defendant was found liable to Cullen.

2019 ABQB 799 (CanLII) | Cullen v Kao | CanLII

Jones v Stepanenko, 2016 ABQB 295

Second counsel on a multi-week personal injury motor vehicle accident claim. The plaintiff, a 19-year-old nursing student at the time of her accident, succeeded in establishing causation and resisting a “Minor Injury” defence, resulting in a judgment of $282,683 plus costs, pre-judgment interest, and disbursements.

2016 ABQB 295 (CanLII) | Jones v Stepanenko | CanLII

Insurance

Catala v Intact Insurance Company, 2021 ABQB 655

Lead counsel on an application for an advance payment pursuant to the Fair Practices Regulation and Insurance Act. Catala sought an advance payment to permit her to access necessary dental work prior to a trial of her tort action. The application was successful and the applicant was awarded a $10,000 advance payment plus her court costs.

2021 ABQB 655 (CanLII) | Catala v Intact Insurance Company | CanLII

Health Law

WV v MV, 2024 ABKB 174

Lead counsel representing MV, who was approved for medical assistance in dying in 2023. On the eve of her accessing MAiD, MV’s father obtained an emergency injunction preventing Alberta Health Services and MV from proceeding with the MAiD procedure. MV applied to set aside the emergency injunction on the basis of justiciability, standing, medical autonomy and on the merits of the injunction. MV was successful and the emergency injunction was set aside.

2024 ABKB 174 (CanLII) | WV v MV | CanLII

Procedural Decisions

Kennedy v Swientach, 2022 ABCA 161

Lead appellate counsel for Swientach, who successfully resisted the introduction of his medical records and records created during his participation in the Alternative Measures Program.

2022 ABCA 161 (CanLII) | Kennedy v Swientach | CanLII

Dunn v Heise, 2021 BCSC 1209

Lead counsel for Dunn, who successfully resisted an in-trial application brought by the defendant to block his treating psychologist testifying as a fact witness.

2021 BCSC 1209 (CanLII) | Dunn v Heise | CanLII

Dunn v Heise, 2021 BCSC 2215

Second counsel for Dunn, who successfully obtained double costs against the defendant after obtaining judgment in excess of his Formal Offer to Settle.

2021 BCSC 2215 (CanLII) | Dunn v Heise | CanLII

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