Rebecca K. Buchanan*

*References to successful case results where the lawyers at Harris & Brun have acted for clients are not a guarantee of future results. The outcome of every legal proceeding will vary according to the facts in each individual case.

Notable Trial Results

Insurance Defence Trials

• Begg v. Beerda, Vancouver Registry Matter No. 2020873, Jury Award: August 29, 2024

This matter involved the defence of a claim brought by a plaintiff who had been injured in and settled a personal injury claim and then sued for damages for a subsequent accident that occurred about one year after the settlement. Trial proceeded before a jury. At trial, the plaintiff sought approximately $700,000 in damages, including general damages for pain and suffering, past income loss from multiple different employments, future income loss, and the cost of future care. He relied on five expert reports, including two experts retained by the defence in relation to the previous litigation. Rebecca conducted powerful cross examinations and, ultimately, the jury found the plaintiff was not a reliable historian. The jury awarded Mr. Begg zero damages and reduced an agreed upon special damages claim by 90% for failure to mitigate. Rebecca’s colleague Lyle Harris, K.C., referred to the verdict as one of the firm’s best defence results in 40 years.

• Pearson v. Osseiran, 2025 BCSC 1729

This matter involved the defence of a claim brought by a glazier who sought $1,375,000 at trial for, among others, an MTBI, chronic ongoing pain and mood disorders that affected his ability to durably work as a glazier and allegedly impacted his ADLs and the security of his relationship. Rebecca assisted colleague Peter Collins to defeat the claim for MTBI, and to cast substantial doubt on the plaintiff’s pessimistic characterization of the impacts of the accident on his relationship through effective cross examination of his partner, who eventually revealed their relationship to be strong, positive and mutually fulfilling. Together, Rebecca and Peter disproved a claim for a past loss of opportunity and dramatically reduced a $1,000,000 claim for loss of capacity to $340,000, resulting in a damages award of 41% of what was claimed.

• Austin v. Glass, 2023 BCSC 1483

This matter involved the defence of a claim brought by a former elite hockey player who sought $1,828,000 at trial for, among others, MTBI, chronic complex pain and multiple mood disorders that he argued rendered him totally permanently disabled from working as a construction labourer. Rebecca was assisted by her colleague Ryan Monty to dismantle the plaintiff’s case through effective cross-examination of him and his collateral witnesses, revealing the plaintiff to be neither credible nor reliable as a historian. The case is also notable, and has been followed, for Rebecca’s successful argument that Mr. Austin’s alleged past loss of income earning capacity of $158,815 and future loss of income earning capacity claim of $1,273,911 ought to be substantially reduced to account for the divisible effects of pre-existing hockey injuries and an intervening work-related accident. The court agreed, set past income loss at $12,575 and reduced future income loss by 20% to account for inherent hockey-related injuries and by a further 50% to account for the effects of an intervening and divisible work-related injury. Rebecca successfully argued substantial reductions across all heads of damage, and in the result, the damages award was less than 25% of what was claimed.

• Firman v. Asadi, 2019 BCSC 270 – Successful defence against $1,304,000 claim for significant personal injuries. Court awarded judgment of $679,000.

• Morales v. Neilsen, 2009 BCSC 1890

Plaintiff Personal Injury Trials

• Smith v. Ries, 2023 BCSC 1434

Rebecca was assisted by her colleague Lyle Harris, K.C., to obtain a trial award of $1,039, 206 for her clients the Workers Compensation Board and James Smith, who suffered a mild TBI, chronic neck pain, numbness and tingling into his arm and anxiety and depression while a passenger in a vehicle that was T-boned while he was working. As a result of his injuries, Mr. Smith lost the capacity to work in construction, and he admirably pivoted to pursing a degree as a CPA. After he obtained his degree, however, Mr. Smith experienced the effects of worsening depression contributed to by chronic pain and his mood symptoms negatively affected his ability to pursue his CPA designation. The defence sought to persuade the court that Mr. Smith was entitled to damages of only $261,000 on all heads; however, Rebecca persuaded the court of the significance of the impacts of the accident on Mr. Smith’s past and prospective work capacity, and the court recognized this loss by awarding him $280,000 in past economic loss and $550,000 in future economic loss. In total, Rebecca achieved a trial verdict of 400% over the defence position.

• Knight v. Black, 2022 BCCA 130

Rebecca represented a senior biologist who worked for the federal government and sustained serious injuries in a jet boat crash that was arranged by a contractor to the provincial government, which sought to shield itself from liability behind a statutory cap on damages available to “carriers” under Canada’s Marine Liability Act (MLA). With the assistance of her co-counsel Gary Wharton, Rebecca persuaded the court of appeal that neither the Province nor its contractor were a “carrier” under the Athens Convention adopted in Canada’s MLA and therefore unable to cap their liability in respect of Ms. Knight’s damages. This is the first appellate ruling in Canada on the meaning of “carrier” under the MLA, clarifying that only a person who assumes a contractual obligation to transport passengers or goods can be a carrier and that those who contract to be transported as passengers cannot be carriers even though they may have organized the trip. The ruling has both national and international significance to those working in maritime law.

• Woo v. Crème De La Crumb Bakeshop & Catering Ltd., 2019 BCSC 1752

Rebecca assisted her former colleague Michael Wilhelmson to obtain significant damages for a retired gentleman who attended his son’s worksite to help with renovations and, unfortunately, fell from a ladder and sustained critical injuries that required round the clock care in an extended care facility. Rebecca conducted a critical cross examination of the defence expert on health and safety and established that the ladder provided by the occupier did not meet the requirements of the Occupiers Health and Safety Regulation. She also successfully argued that the occupier did not provide adequate supervision on site, and that it was therefore liable notwithstanding that the plaintiff was an experienced contractor who ought to have known the ladder was not adequate for the job. The trial decision on liability was then challenged at the Court of Appeal, and ultimately upheld: Woo v. Crème De La Crumb Bakeshop & Catering Ltd., 2020 BCCA 172.

Notable Workers’ Compensation and Administrative Tribunal Decisions

Workers’ Compensation Appeal Tribunal (WCAT)

• Godard v. Beukers, Cedar Rim Nusery Ltd., and Godard v, ICBC, A1603497 (Re), 2021 CanLII 17949 (BC WCAT)

In this worker v. worker bar case, Rebecca acted for the defendants, a plant nursery company, and their employee who lost consciousness due to an undiagnosed cardiac condition while transporting company equipment in a company truck, resulting in a catastrophic accident. Although he was also traveling in a company truck, the plaintiff Mr. Godard initiated a tort claim and his counsel argued that the purpose of his travels at the time of the accident was personal, not work-related. Rebecca ultimately persuaded the Workers Compensation Appeals Tribunal that Mr. Beukers was acting in the course of his employment at the time of the accident — although he said he was doing something personal, he was being financially compensated for his travel and returning from a job site where he had done productive work for his company. Rebecca was also able to satisfy the WCAT that Mr. Godard’s injuries were directly caused by the work-related aspects of Mr. Beuker’s actions – his driving a large transport truck for work – as opposed to the personal aspects, his loss of consciousness. As a result, Rebecca succeeded in eliminating all potential liability against her insureds and their insurer through this successful application pursuant to section 113 of the Workers Compensation Act.

• Ancares Larrain v. Shergill, A2301068 (Re), 2024 CanLII 77756

In this worker v. worker bar case, Rebecca persuaded the WCAT to find that both the plaintiff and defendant were workers in the course of their employment when an accident occurred, protecting her clients and their insurer from civil liability. The plaintiff, a safety technician, was driving from her home to a client’s worksite for her employer when a collision occurred.  Rebecca applied to WCAT for a Certification to Court under section 311 of the Workers Compensation Act and argued that the plaintiff was a “traveling employee” and, consequently, that her drive to the client’s site was an integral part of her employment duties and therefore distinguishable from a private commute which is not considered work-realted. The Tribunal accepted that argument, finding the plaintiff’s journey involved a more than trivial employment connection. The Tribunal also certified that the defendant was a worker acting in the course of her employment as a licensed practical nurse supervisor at the time of the accident. With both parties certified as workers in the course of their employment, the Workers’ Compensation Act barred the plaintiff’s tort claim in full, preventing what could otherwise have been significant damages against the defendants and their insurer.

• Ginsberg v. Chao and Enterprise Rent-A-Car Canada, A1800773 (Re), 2022 CanLII 121852

In this worker v. worker bar case, Rebecca acted for the plaintiff and preserved her client’s right to sue in the civil courts by defeating the arguments brought by the defendants that the plaintiff was a worker in the course of her employment when her accident occurred. The plaintiff Ms. Ginsberg was a paramedic who had been on leave since 2012, and was struck by another vehicle while driving to a continuing medical education course at her employer’s premises. Rebecca applied to WCAT for a determination of Ms. Ginsburg’s employment status at the time of the accident and argued that although her client was paid to attend the course, her attendance was primarily aimed at maintaining her own professional licence for a future return to work, and therefore not a part of the performance of her job for her employer. The Tribunal agreed: it certified that Ms. Ginsburg’s injuries did not arise out of and in the course of her employment. That determination meant the Workers’ Compensation Act did not apply, and Ms. Ginsburg retained her right to pursue a full tort claim against the defendants — including compensation for pain and suffering that the workers’ compensation system would not have provided.

• WCAT-2014-01674 (Re), 2014 CanLII 41589 (BC WCAT)

Rebecca acted for a young widow whose husband and business partner was killed while renovating a premises that was to become the family business.  The business was not registered for coverage with WorkSafeBC at the time.  Rebecca carried the case through two levels of appeal, ultimately succeeding at the WCAT, satisfying the Tribunal through meticulously prepared collateral evidence that the business had intended to register for coverage, but had failed to do so through oversight.  The result entitled the deceased worker’s family to a lifetime of benefits which, while never replacing their lost husband and father, would at least provide financial support.  Rebecca then advocated for her client to ensure that the family received the maximum benefits available under the Workers Compensation Act, for a cumulative value exceeding $2,000,000.

• WCAT 2011-02430/02431

Rebecca’s firm represented a pedestrian struck by a car in a parking lot.  The pedestrian was a worker in the course of her employment and ICBC argued the defendant was as well.  Rebecca successfully argued this motor vehicle accident was not work-related, entitling the client to compensation through the court system.

• WCB RD Review Nos. R0154814/0154821

Rebecca successfully argued that her client had suffered a significant accident that caused the client to develop totally disabling, compensable psychological conditions. As a result, Rebecca was able to achieve compensation for her client more than doubling the client’s wage loss and pension entitlement.

Civil Resolution Tribunal

• Richert v. Intact Insurance Company– 2024 BCCRT 1049

Rebecca acted for an insured, Mr. Richert, who lived in another province but was injured in a January 2022 motor vehicle accident in British Columbia. Because his accident occurred after May 1, 2021, Mr. Richert was entitled to Enhanced Accident Benefits (“EAB”) under Part 10 of the Insurance Vehicle Act to compensate him for the losses he sustained because of the accident. Mr. Richert’s insurance company, however, would not provide those benefits in a timely way. Rebecca commenced an action on Mr. Richert’s behalf with British Columbia’s Civil Resolution Tribunal (“CRT”).  In one of the first CRT decisions on the assessment of EAB, Rebecca successfully argued that Mr. Richert was entitled to substantial past and prospective income replacement benefits (“IRB”), and the Tribunal ordered Intact to pay past and future IRB and eventually a retirement benefit based on a gross yearly employment income of $83,117 for the remainder of Mr. Richert’s life. The Tribunal also ordered Intact to pay $11,723 in permanent impairment compensation (“PIC”), fully securing Mr. Richert’s past and future entitlement to EAB.

Memberships and Affiliations

Rebecca’s professional affiliations include:

• Canadian Bar Association
• Canadian Defence Lawyers
• Trial Lawyers Association of British Columbia

Community Involvement

Rebecca is a dedicated mentor to associate lawyers and believes strongly in community service and supporting the creative arts and the environment. She is the former Chair of the West Vancouver Museum Advisory Committee, co-chair of the West Vancouver Parks Master Plan and a former member of its Upper Lands Working Group. Through her community advocacy, Rebecca has helped to preserve park lands for future generations and to ensure continuing community accessibility to the West Coast modern art that developed here, on the west coast of British Columbia.