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Health law is a complicated, increasingly complex area of practice that is constantly changing. Our depth of experience in all areas of health care in BC is unique. And it is that depth of experience that has cultivated the unique insights, perspectives and skills that sets us apart.

Profile

We are the leader in civil litigation defence for health practitioners in British Columbia and the Yukon.

We defend physicians, surgeons and health specialists in civil litigation matters and have significant experience representing clients in complex medical malpractice cases before all levels of Court in British Columbia.

We have been counsel on the leading cases addressing the standards of medical care, consent, medical malpractice, limitation defence, and liability for medical products.

We advise clients in professional regulation matters touching on issues of ethics, professionalism, regulation, privileges, policy advice, general representation in investigations including workplace, privacy and confidentiality, employment, fraud, malfeasance, and quasi-criminal matters related to practice of medicine.

We have acted as counsel for most types of professionals, including doctors, dentists, psychologists, occupational therapist, physiotherapists, engineers and nurses.

We advocate for our clients in hearings before the College of Physicians and Surgeons of British Columbia, Provincial Health Authorities, the Medical Services Commission, the College of Dental Surgeons, hospital administration boards, and other regulatory bodies.

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.

Services

Members of our practice group are committed to remaining at the leading edge of developments in the field of health law.

  • 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.

Harper Grey recognized as a “top-listed” firm in Vancouver and in British Columbia in the areas of Health Care Law, Legal Malpractice Law and Medical Negligence by Best Lawyers® in Canada, 2017

Best Lawyers® in Canada

Harper Grey receives the 2016 National Medical Defence / Health Law Firm of the Year award from Benchmark Canada®

Benchmark Canada®

Harper Grey recognized as a "Leading Firm" in the areas of Medical Negligence (Consistently Recommended) by Canadian Legal Lexpert Directory®, 2012, 2013, 2014, 2015, 2016, 2017

Canadian Legal Lexpert Directory®

William Clark selected as Vancouver Health Care "Lawyer of the Year" by Best Lawyers® in Canada, 2017

Best Lawyers® in Canada

Harper Grey receives highest firm ranking as a “Highly Recommended” local litigation law firm in British Columbia from Benchmark Canada®, 2014, 2015, 2016, 2017

Benchmark Canada®

Harper Grey recognized as a "Leading Firm" nationally in the area of Healthcare by Chambers Canada®, 2017

Chambers Canada®

Barbara Norell bestowed the honorary title of Queen’s Counsel or QC

16 Harper Grey lawyers recognized for litigation expertise by Benchmark Canada®, 2017

Benchmark Canada®

Guy Brown, QC recognized in 2016 for his prolific volunteer contributions by The Continuing Legal Education Society of British Columbia

The Continuing Legal Education Society of British Columbia

24 Harper Grey lawyers recognized across 15 specialty areas by Best Lawyers® in Canada, 2017

Best Lawyers® in Canada

Kim Yee receives prestigious Lexpert® 2016 Rising Stars Award honoring Canada’s Leading Lawyers Under 40

Lexpert®

Harper Grey receives the TAGLaw Membership Award of Distinction acknowledging 15 years of outstanding service

TAGLaw

18 Harper Grey lawyers recognized as “Leading Practitioners” by Canadian Legal Lexpert Directory®, 2017

Canadian Legal Lexpert Directory®

Harper Grey recognized as a "Leading Firm" regionally in the area of Dispute Resolution by Chambers Canada®, 2017

Chambers Canada®

Martindale Hubbell® recognizes 13 Harper Grey lawyers across 27 practice areas

Martindale Hubbell®

Jennifer Woznesensky receives prestigious Lexpert® 2014 Rising Stars Award honoring Canada’s Leading Lawyers Under 40

Lexpert®

Harper Grey recognized as a Top 10 Regional Firm in British Columbia, Alberta and the Territories by Canadian Lawyer Magazine, 2012 and 2014

Canadian Lawyer Magazine

"The firm is a recognized force in healthcare in BC."

Chambers Canada® 2017

"They've got some real gems. Kimberly Jakeman, Guy Brown, James Lepp, Karen Douglas, Abigail Turner – I've seen all of these people on occasion and I've been very impressed. These cases are not easy to cope with – they involve a lot of factual evidence you wish you didn't have to hear – but from what I've witnessed the Harper Grey team has done a very commendable job of providing assured, steady counsel in cases where it would be easy for those with less backbone and less adequate acumen to falter."

Benchmark Canada® 2017

“Harper Grey’s celebrated medical defense/health capacity is brimming with regionally and nationally recognized talent, such as Kimberly Jakeman and Abigail Turner.”

Benchmark Canada® 2015

“Harper Grey is one of the best firms in Vancouver. They have excellent service, knowledge and their cost structure is excellent.”

Benchmark Canada® 2017

“Every day it seems like I am dealing with someone at Harper Grey, and I always find them professional, courteous and effective.”

Benchmark Canada® 2017

“A Vancouver staple, Harper Grey is perhaps the most BC-centric of the “highly recommended” firms, owing largely to the firm’s bench strength in several key areas.”

Benchmark Canada® 2017

A lawyer who refers work to Harper Grey wrote it has ‘great service, a breadth of practice and I have never received a negative comment from referrals to the firm’.

2014 Canadian Lawyer Magazine Stronger than Ever - Top Western & Northern Firms, September 1, 2014

They exceeded all my expectations. I am very satisfied with their work and very happy to recommend them.

Chambers Canada® 2017

The firm has real quality people, and they’ve put three people on the bench there in six years.

Benchmark Canada® 2015

"Harper Grey lawyers are ‘dedicated to their clients and focused on finding and implementing practical solutions for them. The lawyers are prompt, intelligent and insightful, and provide a high level of customer service’."

2012 Canadian Lawyer Magazine Embracing Regionalism - Canadian Lawyer’s Top 10 firms from B.C., Alberta, and the Territories are in the Sweet Spot Right Now, October 1, 2012

Harper Grey is a trial lawyer’s firm, and they’ve got a big deep bench of well-trained litigators.

Benchmark Canada® 2017

Harper Grey has a stellar pedigree as a litigation firm, and they’ve put a ton of people on the bench”, observes one peer.

Benchmark Canada® 2014

Select 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.

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