Province did not Abuse Superiority in $8 million Wrongful Conviction Award

In this civil claim against the Province the claimant was awarded over $8 million for his wrongful conviction and subsequent incarceration. Crown Counsel failed in its duty of disclosure by intentionally withholding relevant information despite repeated requests.  Wrongful non-disclosure seriously infringed the claimant’s right to a fair trial. The court also found that if there had been proper disclosure…

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$100,000 Psychological Injury Award Taken Away

In a dramatic admission of medical illiteracy the Court of Appeal conceded that absent expert medical opinion evidence, a judge is not qualified to say what is, or is not, an illness (Saadati v. Moorhead,2015 BCCA 393). The trial judge refused to accept the claimant had suffered a brain injury but found that he had…

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