James M. Lepp, QC
Associate Counsel

DIRECT: 604 418 6417
jlepp@harpergrey.com

Areas of Practice

Biography

Jim Lepp is associate counsel with Harper Grey LLP, after having spent 39 years as a partner. Jim has extensive experience in civil litigation, and from 2007 to 2013 he chaired Harper Grey’s Health Law Group.

Jim’s practice has focused on civil matters involving allegations of medical malpractice; he also has extensive experience in commercial, insurance, and construction litigation. He has represented clients in a variety of forums, including the Labour Relations Board, the College of Physicians and Surgeons, the Human Rights Commission, the British Columbia Supreme Court, the British Columbia Court of Appeal, and the Supreme Court of Canada.

Jim has litigated many cases before the British Columbia Supreme Court, argued dozens of appeals in the British Columbia Court of Appeal, and made several appearances in the Supreme Court of Canada. He has been recognized by Benchmark Canada®, Lexpert®, and Best Lawyers® as a leading practitioner in the area of medical negligence.

Education

  • University of Toronto, LL.B., 1972
  • McMaster University, B.A., 1969

Bar Admissions

  • British Columbia, 1974
  • Appointed Queen's Counsel, 2004

Leadership

  • Member, Medical Legal Society of British Columbia
  • Member, Canadian Bar Association

Recognition

Client Work

Representative Cases 

  • Appeared as lead counsel in a number of appeal cases that helped to define the test for causation in a medical context: C.P.M. (Guardian ad Litem of) v. Martin, Seatle (Guardian ad Litem of) v. Purvis, Sam v. Wilson, Bohun v. Segal, and Ediger v. Johnston.

  • Represented an obstetrician who was alleged to have failed in his duty to correctly perform an abortion resulting in the birth of the compromised infant plaintiff: Cherry (Guardian Ad Litem of) v. Borsman.

  • Represented a plastic surgeon in the B.C. Court of Appeal and the Supreme Court of Canada in litigation involving a failed breast implant and culminating in an important decision establishing a manufacturer’s duty to warn of potentially hazardous medical products: Hollis v. Dow Corning.

  • Appeared as counsel in a necrotizing fasciitis case involving issues relating to a physician’s liability in contract, as opposed to tort, for the supposed “loss of a chance” of a better result: de la Giroday v. Brough.

  • Represented a psychiatrist in a case involving attempted suicide from the psychiatric unit of a tertiary care facility: Ganger (Guardian Ad Litem of) v. St. Paul’s Hospital.

  • Argued a physician’s immunity from suit as a consequence of alleged negligence during the treatment of a workplace injury.  On two occasions, the B.C. Court of Appeal found the decision of the Worker’s Compensation Board, granting immunity, to be patently unreasonable—these judgments were ultimately reversed by the Supreme Court of Canada:  Kovach v. Workers’ Compensation Board (B.C.).

  • Litigated a medical malpractice case involving an explanation of the ambit of the decision of the Court in Levitt v. Carr in circumstances where the injured plaintiff failed to start his lawsuit while pursuing a claim for Workers’ Compensation: Vance v. Peglar.

    Litigated a case involving the issue of what documents relating to a complaint to the College of Physicians and Surgeons had to be disclosed in the context of subsequent civil proceedings: Beale v. Nagra.

  • Argued an appeal involving the issue of what costs could be claimed by one successful defendant against another successful co-defendant: Moore v. Castlegar & District Hospital.

  • Argued an appeal that decided what evidence, and professional opinions, could be obtained pursuant to the Rules of Court: Sinclair v. March.

  • Represented tenants in complex commercial lease cases at the trial and appellate level: Jim Pattison Industries Ltd. v. 1854 Hldg. Ltd. and Bucci Investments Corp. v. Great Pacific Industries Inc.

  • Represented the anchor tenant in a dispute over the development of a proposed shopping centre: Dallas Park Shopping Centre Ltd. v. Buy-Low Foods Ltd.

  • Represented a logging contractor in a dispute regarding a unit price logging contract with the Greater Vancouver Regional District: C & R Logging Ltd. v. Greater Vancouver Regional District et al.

  • Acted as counsel for individuals in a case involving allegations of misrepresentation, fraudulent conveyances, fraudulent preferences, and bankruptcy: Jaston & Co. v. McCarthy.

  • Acted for the provincial professional liability insurer of lawyers in a case determining that after securing judgment against a solicitor, the third party claimants could not seek recovery because it could not be said the claim was for injury or damage to the person or property, pursuant to the insurance legislation then in force: Starr Schein Ent. Inc. v. Gestas Corp. Ltd.

  • Represented a life insurer who successfully denied coverage following a finding that the life insured had misrepresented his medical and insurance history on an application for insurance: Armstrong v. North West Life Ins. Co. of Canada.

  • Acted for an insured following injuries to the plaintiff, incorporating issues of remoteness, foreseeability and the liability of joint and several tortfeasors: Harrison v. Biggs.

  • Acted for a contractor in a multi-million dollar claim that was successfully resolved, following over 100 days of arbitration, by the Supreme Court and Court of Appeal: Crown Forest Industries Limited v. Commonwealth Construction Company Limited.

  • Acted for a developer in a case involving the rupture of a major gas pipeline during construction: British Columbia Hydro and Power Authority v. Marathon Realty Co. Ltd. et al.

News



Events