Harper Grey LLP is the leader in civil litigation defence for health practitioners in British Columbia and the Yukon.
We have been counsel on the leading cases addressing the standards of medical care, consent, medical malpractice, limitation defence, and liability for medical products.
The 2016 Canadian Legal Lexpert® Directory recognizes Harper Grey as a "Leading Firm" for Medical Negligence (Representing Defendants) in British Columbia.
How We Can Help
Harper Grey LLP defends physicians, surgeons and health specialists in civil litigation matters.
We also represent clients in professional regulation matters, such as hearings before the College of Physicians and Surgeons of British Columbia, the Medical Services Commission and hospital administration boards.
We are deeply committed to the medical and health professions. Our lawyers participate in medical/legal educational programs throughout the province and at the University of British Columbia Faculty of Medicine. We were also instrumental in founding the Medical/Legal Society of BC and the Health Law subsection of the BC Branch of the Canadian Bar Association.
- Claims resulting from medical treatment and care.
- Allegations of breach of fiduciary duty between doctor and patient.
- Advice regarding legislative and regulatory changes that may affect medical practice, such as the Health Professions Act and the Health Care Costs Recovery Act .
- Advice in response to threats from patients.
- Advice regarding the release of medical records in family law cases.
- Preparation when a physician is a defendant or witness in a criminal matter.
- Coroners' Inquests or other types of inquiries.
- Proceedings before professional administration bodies such as the College of Physicians and Surgeons of British Columbia and hospital administration boards.
- Proceedings by the Medical Services Commission.
Benchmark Canada 2016 Commentary: “Harper Grey has niches, and in those niches they are the best of the best. They dominate in medical practice, insurance, and product liability, and even have some more specialties like bankruptcy, aviation, defamation, securities, and environmental.”
2017 Chambers Canada Commentary: Highly regarded for its work on behalf of physicians, surgeons and other health specialists in British Columbia. Also represents medical clients in litigation in the Yukon. Assists with both civil litigation and professional regulation issues. Strengths: “The firm is a recognized force in healthcare in BC.”
Seminal Health Law Cases
- A decision by the Supreme Court of Canada which determined the circumstances in which compliance with standard medical practice will defeat a claim of negligence.
- A trial and appeal in an obstetrical negligence case which considered the correct test to apply in determining the liability of a defendant physician, involving principles related to non-pecuniary loss and the upper limits of recovery.
- A Supreme Court of Canada matter which held that defendants are entitled to the benefits of services provided through the social safety net with an appropriate allowance for the contingency of such programs changing or ending.
- A Supreme Court of Canada matter which considered the limits of doctor-patient confidentiality in circumstances of danger to the public.
- A trial and appeal which considered the standard of review applicable to professional disciplinary bodies in a case involving a physician charged with infamous conduct following a sexual relationship with a patient.
- A Supreme Court of Canada case which considered the application of the modified objective test to causation in the context of informed consent claims.
- A trial and appeal dealing with a medical malpractice claim involving performance of an additional procedure not contemplated in advance of surgery.
- A Supreme Court of Canada matter in a breast implant product liability action which considered a manufacturer’s duty to warn consumers and the application of the "learned intermediary" doctrine.
- Determining for the first time in British Columbia whether a fetus can bring a negligence action against a physician and whether it can bring a claim for failure to obtain informed consent.