Biography

I have over 20 years of experience representing clients of all ages who have been injured. My practice focuses on helping people who have been injured as a result of malpractice by doctors, hospitals, nurses, or other allied health care professionals, such as midwives, chiropractors, dentists, naturopaths, pharmacists, psychologists, counsellors, and medical spa aestheticians. In addition to malpractice, I have experience helping people who have been injured in car accidents, through assaults, and by defective products. I also represent the families of people killed through malpractice or accidents.

I am based at Murphy Battista LLP’s Kelowna office but travel throughout the province for my clients.

Why I chose to practice injury law

Approximately 185,000 people per year in Canada experience an adverse event in hospitals, including between 9,000 and 24,000 preventable deaths/year. It has been estimated that less than 10% of those injured in medical negligence cases with potentially viable claims received compensation.*

As an experienced plaintiff’s injury lawyer, it is my passion and my goal to make a positive impact on the individuals and families affected by these claims and hopefully create positive change in our health care system.

I was involved in my first medical malpractice trial when I was a junior lawyer in Vancouver. I knew then that I’d found the practice area for me. At the time, I was 36 weeks pregnant with my first child. I had to get specially fitted court attire and new shoes because my feet were so swollen. On the fifth day of the trial, my water broke. The judge made it clear that I was not welcome back, as there would be no babies born in her courtroom! My first child was born that weekend. Fortunately, the experience did not deter me from either malpractice work or childbearing.

I am presently the proud mother of three teenagers. As a woman and a mother, my personal and practical insight on how injuries impact a family are two of the reasons clients retain my legal services.

I have always been interested in medicine which helps when a big part of the job is understanding medical records, reports, and textbooks. In many cases, I refer clients to medical experts that, without my involvement, they would not get to see. So, indirectly, I sometimes get to play a role in helping my clients get better – you can’t beat that for job satisfaction. On the legal side, I focus on eliminating stress by helping clients navigate the system and get fair settlements. When push comes to shove, if the other party is not offering a fair settlement, I get to run a trial. Achieving an excellent result for a client through settlement or trial is a pretty incredible feeling.

The number one reason I love what I do is that I get to help people who need it, who, without someone to advocate for them, would get screwed over by the system. I get to make a real difference in people’s lives, and I get to meet amazing people in the process.

My approach to injury claims

People look to health professionals for help when they are sick or injured. Still, sometimes treatment takes a wrong turn making things worse than the person’s original condition. In my experience, when a client is injured at the hospital or as a result of seeing a health professional, they want answers. So, they look to me to help make sense of what has happened. Where there is negligence, I provide accountability, obtain compensation and justice for my client, and hopefully prevent the same injury from happening to someone else.

I understand the issues and anxieties that people face when they have suffered injuries or the death of a family member. I respond with practical information and timely solutions to meet immediate needs and concerns while planning for long-term solutions that may need to be put in place during different phases of recovery

A BC resident since 2000 and an Okanagan resident since 2007, I have developed a wide range of resources and professionals to support my clients as they move through the recovery process. My practice brings me into frequent contact with doctors (including specialists), physiotherapists, psychologists, massage therapists, counsellors, economists, accountants, and other professionals who can either help my clients get better, calculate their damages, or provide expert testimony to explain the nature of their injuries and the losses they have suffered as a result.

I am widely respected within the legal community for my professional activities, including acting as former President of the Trial Lawyers Association of BC and writing a monthly personal injury column (INJURYwise) for online Kelowna publication Castanet.net.

*Source: Gerald B. Robertson and Ellen I. Picard, Legal liability of doctors and hospitals in Canada, 5th ed (Toronto: Thomson Reuters Canada Limited, 2017) at p.256 and 662.

Education

  • University of Saskatchewan, LLB, 2000
  • University of Saskatchewan, BA (psychology major), 1997

Professional Associations

 

Results

Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.

Keri Grenier and Bill Dick, K.C. represented the Plaintiff, who was injured in a motor vehicle accident and was seeking damages for pain and suffering, future loss of income earning capacity, cost of future care, loss of housekeeping capacity, interest, and special damages from a motor vehicle accident. The Plaintiff was a red seal mechanic and owned a gas station business. He was rear-ended and sustained significant injuries including chronic neck and shoulder pain, chronic headaches, mid and low back pain, as well as psychological injury that had a severe impact on his life. After reviewing the evidence, including expert testimony, the court awarded total damages of $869,929.76.

Matthew Van Nostrand and Keri Grenier acted for the plaintiff in this case involving a plaintiff suffering from chronic soft tissue injuries and post concussion-like symptoms. The main issue at trial revolved around the plaintiff’s loss of income earning capacity; she continued to earn steadily more income as a bookkeeper following the accident, but not to the extent she would have absent her injuries in the accident. The court ultimately found that Ms. Ogden’s ability to earn income was impacted, and awarded $432,419 in damages.

Keri Grenier and Matthew Van Nostrand acted for the plaintiff in this case involving the impact of injuries caused in two separate rear-end collisions. In the first accident, Ms. Pinkney hit her head and lost consciousness for a short time and was treated for injuries to her neck, back, and thumb. The second accident was less severe, aggravating the initial injuries and setting back the progress she had been making in her recovery. The main issue at trial was the impact of Ms. Pinkney’s injuries on her ability to work in the family business. Although the business grew after the accidents (causing ICBC to argue that there was no loss), Ms. Pinkney’s involvement diminished, meaning that the business was less profitable than it would have been had Ms. Pinkney not been injured. The court ultimately found that Ms. Pinkney’s ability to earn income was impacted, and awarded $442,600 in damages.

Keri Grenier acted for a worker who suffered multiple injuries while working in the laundry department of the Kelowna General Hospital when he was lifted off the ground and crushed by a laundry machine. Despite his significant injuries, the worker was denied part of his WorkSafeBC claim on the basis that his injuries were initially found be unrelated to the accident. Keri requested a review of the decision denying his neck injury, among other things.  The Review Division denied the review. Keri successfully appealed on behalf of her client to the Workers’ Compensation Appeal Tribunal (WCAT) which confirmed that the worker’s neck injury arose out of the accident. WCAT also suggested that the Board should consider a permanent, partial disability pension assessment with medical treatment.

Bill Dick and Keri Grenier acted for a plaintiff whose injuries had rendered her an incomplete quadriplegic. The Court agreed that she required full time care that was being provided up to the date of trial by her spouse. The Court awarded total damages exceeding $3.4 million.

Bill Dick and Keri Grenier acted for a plaintiff who was 17 years old when she was struck in a crosswalk by a pickup truck driven by the defendant. The plaintiff’s principal issues following the injury included ongoing dizziness, headaches, anxiety and depression. At issue was whether the plaintiff suffered a mild traumatic brain injury, and whether her ongoing complaints were related to the accident or to other psychosocial stressors in her life as alleged by ICBC. After a two week trial the Court awarded damages totalling $347,581. The judgment included damages for loss of future earning capacity of $175,000.

In the News

Medical malpractice lawsuit against Interior Health and physicians at Vernon Jubilee Hospital

January 26, 2024

Keri Grenier is acting for the family of a Vernon man who died after being admitted to Vernon Jubilee Hospital for treatment of a fentanyl overdose. The civil claim alleges that negligence of hospital staff contributed to Michael Peace’s death. Read the full story: Son died after he was left unattended…

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Murphy Battista LLP acting in medical negligence case on behalf of Lake Country woman whose husband tragically died of necrotizing fasciitis.

April 7, 2022

Keri Grenier of our Kelowna office represents Ms. Britney Stewart, whose husband, Josh Wakely, died of necrotizing fasciitis (commonly known as flesh-eating disease) after seeking medical attention in Fort St. John on three separate occasions. Tragically, by the time the infection was correctly diagnosed, it was too late to save…

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Murphy Battista LLP, committed to supporting Brain Trust Canada’s Free Brain Injury Counselling Services in the Okanagan

October 30, 2019

Bill Dick, Q.C., Keri Grenier, Matthew Van Nostrand, and Peter Driscoll were recently profiled by BrainTrust Canada regarding the firm’s contribution to BrainTrust’s free Okanagan Brain Injury Counselling services. Bill, Keri, Matt, and Peter each have experience helping clients deal with personal injury claims involving brain injuries. Supporting free counselling…

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Resources

Presentations

  • TLABC – Co-Chair, “Forward Thinking: The Future of Personal Injury Law and Rehabilitation in the Post “No-Fault” World,” Dec 3, 2021
  • TLABC – Co-Chair, “Life after Caps: “Minor Injuries,” May 10, 11, 2019
  • Continuing Legal Education (CLE) BC -“The Principles of Causation,” June 2017
  • TLABC – “Psychological injury – the Legal Matrix,” January 25, 2017
  • TLABC – “The Great Escape – Setting Aside Settlement and Release Agreements,” May 2015
  • TLABC – “Risk of Adverse Inference – Failing to Call an Expert Witness,” October 2014
  • TLABC – “Maximizing Recovery in LVI Cases,” April 2013
  • TLABC – “Is That a Fly in My Soup? Claims for Psychological Injury in the Post Mustapha Era,” October 2012

Publications

Community

Community Involvement

Keri’s top priority is her three children, but she is also an avid martial arts fan who enjoys boxing and kickboxing along with playing soccer, basketball and other sports.

Keri is very active in the Okanagan community with her children, counting Kelowna Minor Hockey and Kelowna Minor Basketball Association among the  many other activities that keep her family busy.

Testimonials

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Jim Tancek
5

My daughter & myself spoke to Keri Grenier for about an hour @ this firm (@ no cost to us)regarding a sensitive issue She was very professional, understanding & knowledgable about our situation and laid out a plan of action. We felt very comfortable discussing our needs with her We look forward to a great realationship going forward

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Tammy Miller
5

I cannot say enough about how Keri Grenier and helped me through the long and arduous path to a settlement with ICBC. She was knowledgeable, caring, truthful, understanding and was a pleasure to deal with. Her staff were equally impressive. I highly recommend Keri Grenier and her firm Murphy Battista.

My goal is to start helping clients right away, providing guidance on whether they have a viable claim.

I understand the issues and anxieties people face when they have suffered an injury and have no idea what to do next. In my experience, it is helpful to start by providing practical information on the next steps of a case and to fully explain the litigation process so that a client does not feel like they are facing the unknown. My work for clients at this stage includes an objective assessment of their legal situation and how the courts will evaluate liability and fair and reasonable compensation as it relates to the specific facts of their case.

As a case proceeds, my role includes gathering the evidence needed to pursue settlement negotiations and prepare a case for trial if the compensation offered is not appropriate in light of my client’s injuries.

Keri Grenier

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