Lawyers in Canada: Davis LLP - Legal Advisors Since 1892

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Personal Injury Law

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The Davis LLP Personal Injury Law Practice Group handles a variety of unique and complex personal injury cases. Our lawyers are seasoned litigators that are experienced at all levels of court and are skilled in alternative dispute resolution approaches such as arbitration, mediation and negotiation. Our Group has secured our clients some of the largest judgments awarded in Canada.

Our focus has been on unusual cases requiring the application of sophisticated investigative and analytical skills to establish liability, and creative approaches to the assessment of damages where the client's circumstances pose unique challenges.

We handle a broad spectrum of personal injury cases, including:

• Tort claims
• Fatal accident
• Motor vehicle
• Disability
• Medical negligence
• Wrongful birth/death
• Physical and sexual assault
• Accident benefit
• Class action
• Occupier's liability
• Subrogated claims

Representative Cases

Our Group has represented clients in major cases including:

• Samis v. City of Vancouver: Davis LLP was counsel for the Plaintiff who was rendered paraplegic in a fall. The Plaintiff, had been attending Oktoberfest celebrations at B.C. Place with some friends. They encountered difficulty locating their vehicle and had proceeded to the back of a parking lot to see if they could see the vehicle in the parking lots at the bottom of a steep bank. As the Plaintiff turned he lost his footing and fell. The action was brought under the Occupiers Liability Act. At trial the Plaintiff's claim was dismissed on the basis that he was the author of his own misfortune. On appeal liability was split between the parties on the basis that the premises were dangerous without a proper fence or sign. Quantum of damages was settled between the parties.
• Simms v. Whistler Mountain Ski Corporation Inc. [1990] B.C.J. 681: Davis LLP was counsel for the Plaintiff in a family compensation claim where the deceased, a qualified ski instructor, died from injuries when he skied off the groomed run at a ski resort. There was no witness to the accident. At trial liability was split 60% against the plaintiff on the basis that he was not skiing under control. Damages were assessed at $3,000,000.00. On appeal liability was adjusted to an equal split. The damage award was not changed.
• Mazloom et al v. Central Mountain Air Ltd. (1992) B.C.J. No.45: 72 B.C.L.R. 2d 292: Davis LLP was counsel for the Plaintiff in family compensation action where the deceased, a computer genius, was a passenger in a charter aircraft which disappeared on a trip between Campbell River and Smithers, British Columbia. The aircraft has never been located. At trial on liability, the jury found for the Plaintiff. The finding was unsuccessfully appealed. At trial on quantum, the judge awarded U.S.$5,600,000.00, which was upheld on appeal.
• Scurfield v. Caribou Helicopter Skiing Ltd. et al: Davis LLP was counsel for the Plaintiff in a family compensation action against an heli-ski operator and guide. The deceased had died in an avalanche. At trial, liability was split 75% against the deceased on the basis that the deceased did not follow the instructions of the guide. Quantum was assessed at $4,400,000.00. On appeal the liability claim was dismissed.

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