Joel A. Morris*

Counsel for physicians in medical negligence actions. Examples of cases include:

• Defence of allegations of battery and negligent gallbladder surgery before jury: Jacobi v. Vikis (21 September 2016), Vancouver S128263 (B.C.S.C.).
• Defence of alleged failure to certify under the Mental Health Act: Briante v. Vancouver Island Health Authority, 2017 BCCA 148, aff’g 2014 BCSC 1511, rev’g 2015 BCSC 807.
• Defence of alleged failure to diagnose arteriovenous malformation: O’Connor v. Wambera, 2018 BCSC 886.
•  Defence of claim for income tax gross-up, trustee fees, and investment management fees, arising out of infant settlement: Pestano v. Wong, 2019 BCCA 141, rev’g 2017 BCSC 1666.
• Defence of claim for aggravated damages in relation to hip replacement surgery: Hicks v. Belknap, 2022 BCCA 292, aff’g 2021 BCSC 855.
• Defence of alleged injury caused by failure to diagnose neonatal hyperbilirubinemia: Hanson-Tasker v. Ewart, 2023 BCCA 463, aff’g 2022 BCSC 432.
• Defence of alleged failure to perform emergent embolization procedure: Focken v. Miller, 2024 BCCA 74, aff’g 2022 BCSC 2124.

Counsel for engineering firm in respect of claims arising out of municipal wellfield project in New Brunswick.

Counsel for engineering firm in respect of claims arising from the failure of the Mount Polley Mine tailings storage facility.

Counsel for defendant professional in class action in relation to claim involving use of unapproved medical device: Zhang v. Dupont (30 October 2019), Toronto CV-17-567774 (Ont. S.C.J.).

Counsel for defendant professional on successful motion to strike claim and dismiss action on basis of witness immunity: J.P. v. Eirikson, 2015 BCSC 847.

Counsel for defendant professional on successful motion to enforce settlement agreement: Roumanis v. Hill, 2013 BCSC 1047.

Counsel for defendants in tobacco health care cost recoupment actions across Canada.

Counsel for proposed defendant directors and officers in opioid health care cost recoupment class action in British Columbia.

Counsel for ICBC in class action in relation to payments made by ICBC to the provincial government in respect of MSP medical practitioner expenses and ICBC’s basic insurance rates: Rorison v. Insurance Corporation of British Columbia, 2023 BCCA 474, rev’g in part 2022 BCSC 624.

Counsel for defendant financial institution in class action regarding misappropriation of funds by provincial government employee.

Counsel on appeal challenging enforceability of limitation of liability provision in professional engagement agreement: Felty v. Ernst & Young LLP, 2015 BCCA 445.

Counsel on appeal from order denying costs to successful party at trial: Dawson (Town of the City of) v. Carey, 2014 YKCA 3.

Counsel on appeal in leading decision regarding interpretation of “deposit” provisions in standard form real estate agreements:  Tang v. Zhang, 2013 BCCA 52.

Counsel for pre-sale purchasers in proposed class action and individual actions under Real Estate Development Marketing Act, S.B.C. 2004, c. 41, in relation to Hotel Georgia residential development.

Counsel for ICBC on appeal concerning interpretation of statutory provision prohibiting actions against ICBC employees: Brar v. Feng, 2023 BCCA 418, aff’g 2022 BCSC 1719.

Counsel for ICBC on appeal concerning interpretation of uninsured motorist provisions of Insurance (Vehicle) Act: Schoenhalz v. Insurance Corporation of British Columbia, 2017 BCCA 289.

Counsel for ICBC on appeal concerning interpretation of substitute vehicle coverage provisions under Insurance (Vehicle) Act and Regulation: Ocean Park Ford Sales Ltd. v. Insurance Corporation of British Columbia, 2016 BCCA 337.

Counsel for ICBC in proposed class action regarding claim-rated scale: Hartney v. Insurance Corporation of British Columbia (B.C.S.C.).

Counsel for insured professional in bad faith action against insurer for withdrawal of defence and denial of coverage in tort action (B.C.S.C.).

Counsel for ICBC on motion to strike petition brought by lawyer seeking relief in respect of refusal to issue billing number: Ngalim v. Insurance Corporation of British Columbia, 2022 BCSC 1822.

Counsel for Technical Safety BC on judicial review concerning internal standard of review on appeals to Safety Standards Appeal Board: Technical Safety BC v. BC Frozen Foods, 2019 BCSC 71.

Counsel for Technical Safety BC (then BC Safety Authority) on appeal concerning jurisdiction to recognize training programs in regulated areas: International Brotherhood of Electrical Workers, 2017 BCCA 313.

Counsel for ICBC on motion brought by insured to obtain injunctive relief against ICBC in respect of cancellation of driver’s license and insurance: Chi v. Insurance Corporation of British Columbia (10 April 2017), Vancouver S166775 (B.C.S.C.).