Notable Cases

Our clients have trusted us with the privilege of representing them in some of the most groundbreaking cases in the country.

Harper Grey lawyers mediate, arbitrate and negotiate on behalf of clients in each step of every case.

When it makes sense, however, we will represent you in trial or in a tribunal. Our lawyers appear at all levels of court and in administrative hearings, all the way up to the Supreme Court of Canada.

Most legal disputes are resolved before or during trial. We expect this trend to continue as court rules evolve to increase efficiency in the legal system.

Here are a few of the noteworthy cases we have worked on. If a matter was settled before trial, the resolution process is described and client names are omitted.

Lawson v. Deputy Director Waste Management et. al. Represented a major energy company in a matter before the Environmental Appeal Board. The successful decision had major implications respecting the responsibility of directors, officers and employees for contamination and pollution. [Environmental Law]

Dr. Q. v. The College of Physicians and Surgeons of British Columbia. Represented a physician in a disciplinary hearing and appeal of a judicial review considered by the Supreme Court of Canada. The Court found in favour of our client. [Professional Regulation]

Defending a large company in a federal case dealing with charges under the Canadian Environmental Protection Act (CEPA). The charges related to the Migratory Birds Act. We negotiated a successful outcome for the client. [Environmental Law]

MDSI v. Fedex. Represented an air carrier in an action concerning application of article 23 of the Warsaw Convention. [Aviation Law]

Blackwater v. Plint et al. This case determined the liability of the church and the Government of Canada for sexual assaults committed at residential schools. The Supreme Court of Canada issued its decision in 2005; the case still serves as one of the leading decisions in the country on the issues of institutional vicarious liability and assessment of damages. We represented the United Church of Canada in proceedings collectively cited as Blackwater v. Plint. [Personal Injury]

Representing the liquidator of the Christian Brothers of Ireland. The litigation involved selling trust properties (including private schools) to satisfy outstanding claims for sexual abuse perpetrated by individual Christian Brothers at the Mount Cashel Orphanage in Newfoundland. The liquidator ultimately recovered $19 million by way of settlement. [Commercial Litigation]

Special Prosecution work to assess criminal charges in the investigation by the Attorney General of British Columbia into a polygamous sect in Bountiful, B.C.. This matter involves numerous issues, including rights under the Charter, cross-border issues and abuse. [Criminal Law]

Hollis v. Dow Corning. Represented a plastic surgeon in the leading Supreme Court of Canada case involving product liability of breast implants. [Health Law]

Auton (Guardian ad litem of) v. British Columbia (Attorney General). Represented the parents of children with autism who sought coverage for therapy under the British Columbia Medical Services Plan.

AGBC v. ICBC. The Attorney General appealed a judgment in which the British Columbia Court of Appeal held him vicariously liable to pay damages resulting from the death of a driver in a crash that occurred during a police chase of a stolen car. Harper Grey LLP successfully represented the Insurance Corporation of British Columbia. [Insurance Law]

Arndt v. Smith. Defence counsel for the physician in the leading Supreme Court of Canada case on causation of damages and medical negligence involving wrongful birth. [Health Law]

Pre-Sale Condo Litigation. Harper Grey LLP represents holders of pre-sale contracts for problem condominium developments. We have helped clients in over 200 disputes - the largest one being the former Olympic Village development in Vancouver. The disputes challenge the current consumer protection legislation for real estate marketing in BC. Clients in these matters are from the United Kingdom, the United States, Turkey, Russia, China, Korea, Japan, Iran and Canada.[Pre-Sale Condo Litigation, Real Estate Disputes]

PI Financial Corp v. Computershare Trust and Divestco Inc. Representing a large local securities firm in an Alberta-based dispute. Our client sought recovery of a $500,000 CDN debenture. In a written judgment, the Alberta Court of Queen's Bench granted the amount claimed in favour of our client. [Commercial Litigation]

Discovery Enterprises v. Ebco Industries Ltd. Represented Ebco Industries in six years of corporate litigation brought on by a minority shareholder. This case created a number of leading precedents relating to the prosecution of derivative and oppression actions and culminated in a 45-day trial in the Supreme Court of British Columbia. [Commercial Litigation]

London Drugs v. Kuehne & Nagel International Ltd. Established the right of an employee to the protection of the employer's contractual limitation of liability in the Supreme Court of Canada.[Commercial Litigation]

Swagger Construction v. ING Insurance Canada Ltd. Successfully represented insurers on the extent of the business-risk/work product exclusion at the Supreme Court of Canada.[Insurance Law]

No. 158 Seabright Holdings Ltd. v. Imperial Oil Limited et al. Represented a major oil company in a case addressing the preconditions that must be met before bringing an action to cover the costs of land remediation. [Environmental Law]