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1. B.M.(Guardian ad litem of) v. British Columbia, 2009 B.C. Supreme Court 64 - 2011/10/01Following a mediated settlement of $5.35 million of the shaken baby case discussed in the cases mentioned below, we were required to seek court approval of our legal fees of $1.475 million plus $130,000.00 in expenses. The judge had this to say about the award and the fees:
"Following an 8-day trial, this Court found liability in favour of the infant plaintiff (2009 BCSC 214). An appeal was not successful (2009 BCCA 413). Continuation of the trial to determine damages was not necessary after a mediation resulted in the settlement as described. The Public Guardian and Trustee does not take issue that counsel's hours expended in this action are valued at $607,320 and that counsel supported disbursements of $129,564 to achieve success. There was a contingency agreement of 33-1/3% in place with a further 6% contingency fee for the appeal. There is no doubt that the plaintiff would not have otherwise been able to pursue this litigation.
The issues raised in the case were complex as to liability and carried significant risk of no recovery. This risk was compounded with and only resolved by the appeal."[view complete case...]
2. B.M.(Guardian ad litem of) v. British Columbia, 2009 B.C. Court of Appeal 413 - 2009/10/01After a hard fought trial on who was at fault for the brain injury suffered my 4 month old client, our legal team had to prepare and fight an appeal by the Province of B.C. on several issues. The most important being whether the injured plaintiff is required to prove that there was a lack of good faith on the part of the government employed social worker assigned to supervise his protection and care. The Court of Appeal held that good faith was not a discrete requirement of a claim in negligence against a social worker and that the Supreme Court trial judge was correct in her finding of a breach of the standard of care required of a social worker in the evidence heard at trial.
After winning the Appeal brought by the Province of B.C., we then prepared for the trial on compensation. Just prior to trial we proceeded to mediation where a compensation settlement was negotiated.[view complete case...]
3. B.M.(Guardian ad litem of) v. British Columbia, 2009 B.C. Court 214 - 2009/02/23This is a tragic story about what came to be known as the "shaken baby" case. We represented a 4 month old boy at the request of his maternal grandmother and legal guardian. I agreed to take this case knowing that it would be hard fought and that it would likely take 10 years through the courts.
It took 6 years to obtain the first trial decision and it was not until 2011 that my client actually received his compensation judgment - 8 years after my signing on as his lawyer.
The Supreme Court trial involved a social worker employed by the province who was found negligent in lifting a restriction order banning unsupervised contact between my client's infant grandson and his biological father. Following the lifting of this order by the social worker, the child's father harmed the child so as to cause significant brain injury requiring lifetime care.
The main question for the court was to determine whether the social worker and her employer, the province of B.C., could be found responsible for the injuries suffered by the boy despite the social worker acting in good faith. This trial was restricted to the question of fault and the amount of compensation was to be decided at a different trial.[view complete case...]
"I was very happy with Mr. George's services. His interpreter explained everything to me and Mr. George made certain that I understand every step. Muchas Gracias Mr. George."
-- Mr. R
Mouzourakis & Company
1119 - 808 Nelson Street
Vancouver, BC V6Z 2H2 Canada