What We Do
Personal Injury Law
Motor Vehicle Accidents, Slip and Fall Injuries, Product Liability, and other Negligence Claims that have resulted in injury.
If you have been seriously injured, we should talk.
- Brain Injuries
- Orthopaedic Injuries
- Significant Soft Tissue Injuries including Whiplash
This is the core of our practice. For many years, Dan has been working with people who have been seriously injured in car crashes, sports and recreation incidents, and slip and fall injuries at commercial premises such as grocery stores, shopping malls and other commercial and public spaces.
Personal Injury claims start with a discussion with you. We will talk about the event, the injuries you have suffered, and how those injuries have affected all aspects of your life.
One major result of physical injury is the effect upon your mental well-being. Physical injuries cause mental pain. We understand that. We will work with you to make sure you are receiving accident benefits and appropriate services to help you get better. We will work to get the best settlement. If necessary, we will go to trial and get judgment against the wrongdoer.
We work with renowned experts in rehabilitation and the assessment of physical and emotional injuries. We also work with engineers and other experts to help us understand how you were injured and to help us prove fault.
Bottom line: We work hard to get the best result.
Please call us to talk about your case.
Residential School and Sexual Abuse Law
Sexual and Serious Physical Abuse Claims arising from Residential Schools anywhere in Canada and from Schools, Group Homes and other Institutions in Yukon and B.C.
We handle many abuse claims. Based on our years of experience with personal injury claims, we know the deep emotional impact any injury has, and in particular injuries to children at the hands of people who should be caring for them. We will work with you and your support team to help you find your voice and speak up against abusers.
Residential School IAP Claims
Most claims under the Independent Assessment Process set up under the Indian Residential Schools Settlement Agreement are already resolved. However, we know that there are people who do not yet have lawyers and would like some legal help.
If you have not yet filed a claim, you may be able to do so in special situations. Otherwise, you may be able to start a claim through the Court, as set out in the information about Sexual Abuse Claims. Please give us a call.
If you have an ongoing IAP claim and would like us to assist you, please give us a call. Our job is to assist you in this process so that it is as helpful to you as it can be.
There are a number of steps in this process, which are set out below:
- Counselling and Support. Because the IAP process will bring up many memories, it is important that you have support as you move through the process. We strongly recommend that you have counselling, and carry on with it throughout the process. We will work with you to set up counseling and identify a support person.
- Gathering information. We will request documents from all the sources we need, so that we have a complete record of events in your life.
- Learning your Story. This can be quite a lengthy process. We will work with you at your pace and in a safe, respectful and supportive manner.
- Completing the Application. Once we have learned your Story, we will then fill out any additional information forms needed.
- Preparing for Hearing. We will continue to talk with you about your claim as we move toward the Hearing. Because working in the IAP often involves ongoing disclosure, there may be additional information that you wish us to know that may be helpful in your case. We can discuss this. At the same time, it is important that you continue with counselling/support.
- The Hearing. The hearing is your day. It is an opportunity for you to tell your Story to an Adjudicator who has been hired to make a decision in your case. The Hearing is a non-adversarial process: no one cross-examines you. It is not like being in a courtroom. You have a conversation with the Adjudicator who is there to learn your Story. Your team is with you. Your lawyer is there. Your counsellor/support can attend, and you can have additional people with you for support. Not all of those need to be in the Hearing room. Sometimes it is helpful just to have people nearby.
- Post-Hearing Steps. Once the hearing is completed, there may be additional steps that the Adjudicator requires us to take. We can discuss these as we get close to the Hearing and we have a better idea about what might be required.
- Conclusion. The Adjudicator will write a decision. If the decision requires Canada to pay compensation, then we will receive the settlement funds from Canada and put them into our trust account. We will deduct our fee and pay out the balance to you.
Sexual Abuse Claims
We know that the abuse was not confined to Residential Schools. We are currently working on many cases involving public schools, group homes, and other institutions. We have successfully negotiated settlements in many cases of this type.
Making a claim will be an important part of your healing journey and may at times be difficult. Our job is to assist you in this process so that it is as helpful to you as it can be.
There are a number of steps in this process, which are set out below:
- Counselling and Support. Because the claim process will bring up many memories, it is important that you have support as you move through the process. We strongly recommend that you have counselling, and carry on with it throughout the process.
- Gathering information. We will start requesting documents from all the sources we need, so that we have a complete record of events in your life.
- Learning your Story. This can be quite a lengthy process. It is really important that you have support or counselling, so that when we start learning your story, you are strong and ready.
- Filing a Legal Action. We will prepare a draft Statement of Claim for filing in the Supreme Court Registry. We will review it with you before filing. The Statement of Claim starts the formal process of notifying the defendants of the claim.
- Examination for Discovery. A lawyer appointed by the defence will come to Whitehorse for a process known as "Examination for Discovery". This gives you an opportunity to tell them about the claim you are making. It is an important step because it is the first time that the defence lawyer will meet you and learn about the case from your perspective. We will work with you and your counsellor to get ready for the Examination for Discovery.
- Psychological Assessment. In most cases, we hire a psychologist or psychiatrist to meet with you and do an assessment and provide expert evidence for the Court. Usually, the defence lawyers also hire their own expert. This gives us all a better understanding of how the abuse has affected you.
- Preparing for Resolution of your Claim. We will continue to talk with you about your claim as we move forward. Usually there are discussions with the defence about how to settle a case. If that is unsuccessful, a mediation is often set. An alternative is a Judicial Settlement Conference with a judge, which we have found to be very useful. Almost all cases resolve through settlement discussion, mediation, or Judicial Settlement Conference.
- Trial. If we cannot settle your case, then we will proceed to trial. Very few cases actually have to go to trial. However, we will prepare your case on the basis that it may go to trial and we will be ready. We will discuss with you the evidence, law, and witnesses we need. This discussion will go on throughout the case, starting well before settlement negotiations take place. That is because we go to settlement to show the defence what will happen if the case goes to trial.
We expect that it will take about 2 years to complete your case. As we continue to learn more about you and your case, we will be in a better position to give a more precise timeline.
Wrongful dismissal and constructive dismissal.
If you have been dismissed from your job or asked to resign, we may be able to help. Wrongful Dismissal claims may be made through legal action (through the Courts) or a Complaint to Labour Canada. The choice depends on a number of factors, including the nature of your employer. We will discuss the appropriate avenue for your claim.
If your employer is breaking the employment contract or if your rights are being ignored or abused, we may be able to help. Please call us.