Greg Allen and Danielle Wierenga successfully defend personal injury appeal

The British Columbia Court of Appeal has found in favour of the respondent plaintiff in a personal injury case involving two motor vehicle accidents. The plaintiff was represented in this appeal by Greg Allen and Danielle Wierenga, who succeeded in thwarting the appellants’ attempt to challenge the quantum of damages assessed by the trial judge.

At trial, the Court awarded the plaintiff general damages, damages for past and future lost income earning capacity from employment and property development, and damages for cost of future care. On appeal, the appellants argued that Justice Macintosh had misapprehended a concession made by counsel in closing submissions and further erred in the assessment and calculation of damages for loss of past and future earning capacity.

The Court of Appeal dismissed both grounds of appeal. It held that although the trial judge may have erred in misunderstanding an amount conceded by counsel with respect to a particular component of damages, an error which would be considered “obvious” or “palpable,” in the circumstances, it was not “overriding” such that it warranted interference on appeal. The alleged errors with respect to assessing damages for loss of earning capacity were also dismissed, with the Court of Appeal finding that the quantum assessed was consistent with the trial judge’s factual findings and evidence adduced at trial. 

Alina, John, and Danielle defend prisoners' rights at Supreme Court of Canada

AMLC lawyers Alina Chekh, John Trueman, and Danielle Wierenga will represent the West Coast Prison Justice Society / Prisoners' Legal Services at the Supreme Court of Canada on May 13, 2025. This is the third appearance by AMLC lawyers at the Supreme Court of Canada in less than two years.

The appeal, Frank Dorsey and Ghassan Salah v. Attorney General of Canada, asks whether the ancient writ of habeas corpus should be available to incarcerated persons who have been wrongfully denied reclassification and transfer to a lower security level.  The West Coast Prison Justice Society was granted leave to intervene to explain the impact the court's decision will have on prisoners in maximum security institutions.

In his oral submissions to the Court, John will explain how a wrongful reclassification and transfer decision is as impactful — and as illegal — as wrongful imprisonment itself, and habeas corpus provides a timely, accessible, and effective remedy for such injustices. 

Allen / McMillan Litigation Counsel's award-winning pro bono practice often includes public interest interventions for organizations such as the West Coast Prison Justice Society, who offer valuable perspectives in the development of the law.  AMLC lawyers previously represented the Society in British Columbia (Attorney General) v. Council of Canadians with Disabilities, 2022 SCC 27, which clarified the law of public interest standing in court proceedings.

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The Supreme Court of Canada's hearing on May 13 will be webcast live.

AMLC lawyers Wes McMillan and Danielle Wierenga will represent the BC Humanist Association in a trial concerning the scope of freedom of religion and access to Medical Assistance in Dying (MAiD)

On April 1, 2025, Chief Justice Skolrood granted the BC Humanist Association leave to intervene in the trial.

The case concerns a constitutional challenge arising out of the unavailability of MAiD at St. Paul's Hospital and other medical facilities in BC operated by faith-based organizations. In their submissions, the BC Humanists will argue, among other things, that when the government provides a public service by contracting with a non-government entity, it cannot circumvent its Charter obligations by allowing that entity to provide the service in a way that would contravene the government’s duty of religious neutrality if provided by the government itself. The BC Humanists bring the perspective of the non-religious to assist the court in determining this important public law issue. 

In addition to the BC Humanists and the Canadian Civil Liberties Association, the Chief Justice granted five other organizations leave to intervene in this case: the Canadian Centre for Christian Charities; Canadian Physicians for Life; the Christian Legal Fellowship; the Delta Hospice Society; and the Evangelical Fellowship of Canada. The Canadian Constitution Foundation's application for leave to intervene was denied. The trial of this matter is scheduled to begin in January 2026.

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Allen / McMillan Litigation Counsel’s award-winning pro bono practice often includes public interest interventions for organizations such as the BC Humanists, who bring important perspectives to the law but have limited resources. AMLC lawyers have previously represented the BC Humanists at the BC Human Rights Tribunal, the BC Supreme Court, the BC Court of Appeal and, on two occasions, at the Supreme Court of Canada.

Court of Appeal upholds BC privacy law

In a unanimous decision, the British Columbia Court of Appeal has upheld the Personal Information Protection Act, BC's private sector privacy law.  The Court rejected calls for a blanket "religious freedom" exemption, saying that such claims must be decided on a case-by-case basis.

The decision involved a request by two former members of a religious organization for copies of records that the organization kept about them.  The religious organization refused.  When the former members complained to the Information and Privacy Commissioner, the religious organization launched a constitutional challenge of the law, saying that it infringed freedom of religion rights under the Canadian Charter of Rights and Freedoms.

 The Court of Appeal rejected the constitutional challenge, holding that claims of religious freedom must be determined on a case-by-case basis.  This involves weighing the infringement of the Charter rights against the statutory objectives — in this case, the public interest in allowing individuals to know what personal information an organization holds about them.  In this particular case, the religious organization did not provide sufficient evidence to allow the Information and Privacy Commissioner to make that determination.  The Court ordered the religious organization to provide the records to the Commissioner, who will then decide what must be disclosed to the former members.

Allen / McMillan lawyers John Trueman and Chloe Trudel represented the British Columbia Humanist Association, an intervener in the appeal.  Among other things, they argued that religious freedom claims should not undermine individuals' control over their own personal information.  AMLC's award-winning pro bono practice helps public interest organizations make their voices heard in important legal cases.

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In this digital age, privacy issues have become an important emerging area of law.  As part of his administrative law practice, John helps individuals and organizations exercise their information and privacy rights and responsibilities under federal and provincial privacy laws. Contact us for more information.

AMLC’s Wanda Simek and Alina Chekh secure the return of a $1 million deposit in a failed real estate transaction

Wanda Simek and Alina Chekh successfully represented the plaintiff, a potential purchaser who entered into a contract to buy a luxury property from the developer/seller. Although the potential purchaser was ready to close on the completion date, the seller was not. The plaintiff accepted the seller’s repudiation, terminated the contract, and sued to recover the deposit. 

The court agreed with the plaintiff, finding that the seller breached the fundamental terms of the contract by failing to complete all construction work, provide an occupancy permit, and clear title by the closing date, and ordered that the seller return the $1 million deposit to the plaintiff.

The court also found the seller’s history of non-compliance with discovery obligations and court orders, along with the failure to engage meaningfully in the litigation, warranted awarding special costs to the plaintiff. 

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To read the decision, visit 2024 BCSC 1828. For more information on AMLC’s real estate litigation practice, please contact Wanda at wanda@amlc.ca or Alina at alina@amlc.ca.

Jorie Les wins undue influence summary trial

AMLC's Jorie Les obtained judgment in an undue influence claim arising out of a predatory relationship.

The parties met when the plaintiff was 77 and the defendant was 62. The plaintiff was elderly and vulnerable. Over the course of their seven-year relationship, the defendant isolated the plaintiff from her friends and family and gained control over all aspects of the plaintiff's life. In addition to exhausting the plaintiff's financial resources, the defendant deceived her into adding him on title to her property as a joint tenant.

Following a two-day summary trial in which Jorie presented extensive affidavit evidence from the plaintiff's family, friends, and neighbors, the court granted judgment from the bench returning title to the property to the plaintiff alone. Jorie was also successful in obtaining an order for punitive damages of $50,000. 

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To read the decision, visit 2024 BCSC 1745. For more information on Allen / McMillan's real estate litigation and estate litigation practices, please contact Jorie at jorie@amlc.ca.