Stephen Gibson and Alex Sayn-Wittgenstein successfully represented firefighter Aaron Gelowitz who suffered catastrophic injuries when he struck his head on a submerged tree stump after diving from shore into Williamson Lake. Mr. Gelowitz fractured his C6 vertebra and suffered an associated spinal cord injury. The claim alleged that the City of Revelstoke was partially liable for Mr. Gelowitz’s injuries. Among other things, Mr. Gibson and Mr. Sayn-Wittgenstein argued that the city failed to appropriately place and properly maintain signage warning against diving and advising of underwater hazards at the site where the accident occurred. Further, they argued that the city owed a duty of care to park users to warn of hazards associated with the use of park facilities, including hazards associated with water activities in the lake. After weighing the evidence, the court held that the city was negligent in failing to take reasonable steps to protect Mr. Gelowitz’s safety and should have done more. Justice Horsman found the city 35% liable for the injuries. The case is being appealed by the City with a hearing set for the fall of 2022.

Read the case: Gelowitz v. Revelstoke (City), 2022 BCSC 46

Media coverage of the case can be viewed at the links below.

Global News: Revelstoke 35% to blame after firefighter injured in lake dive, court finds

Surrey Now-Leader: Revelstoke found partly responsible in dive that left Surrey firefighter injured: lawsuit

Revelstoke Review: Man suing city, resort after diving incident resulting in serious injury

Infotel: Judge finds Revelstoke partly at blame after tourist seriously injured diving into lake

Canadian Underwriter: The case for tracking your risk advice

 

In QP v. Bolton, Alex Sayn-Wittgenstein and Paul Bosco acted for an RCMP officer who was significantly injured in the course of his duties. The court accepted their arguments that his life was significantly impacted as a result of his injuries, he missed out on earning overtime income, his opportunity for advancement in his career may be limited, and that his wife was entitled to compensation for the care she provided by way of an in trust claim. The court also accepted their argument that he and his employer should be compensated for the time he missed from work, despite having been paid by his employer for this time, finding that it would be unfair to let the wrongdoer benefit from the generosity of the employer.

At issue was whether a car dealership should be found liable for injuries caused by a truck stolen from their car lot. The court accepted that not only was the thief at fault, but the dealership was as well. The evidence established that an employee left the truck unattended with the keys in the ignition, engine running, and doors unlocked for a period of about 40 minutes. Alex Sayn-Wittgenstein and Paul Bosco successfully argued their client was not at all contributorily negligent for having removed his seat belt prior to the collision in anticipation of pursuing the thief on foot.

Alex Sayn-Wittgenstein and Paul Bosco represented an 83 year-old plaintiff who sustained life-threatening injuries, including a brain injury and various fractures, when he was struck by a vehicle while standing at a bus stop. ICBC denied liability but court found that the driver’s testimony was “littered with enormous credibility issues.” The driver, who had fled the accident scene, was found fully at fault. The plaintiff was awarded over $800,000 at trial, including $315,000 for pain and suffering, over $400,000 for future care, and $55,000 in-trust for the care provided by his wife during his recovery.  Due to the plaintiff’s age and injuries, the case was brought to trial quickly, with the trial judgment being made less than 2 years after the accident.

Alex Sayn-Wittgenstein successfully opposed an attempt by ICBC to try and accept a settlement offer that had been, according to the court, “clearly and unequivocally revoked.”