Liars Don’t Win Negligence Cases
The recent case of Anderson v. Chu https://canlii.ca/t/jvtq2 is an example of how badly it can go for a defendant who the judge decides is a liar.
It’s a fairly simple case: Mr. Anderson needed cataract surgery and went to an experienced eye surgeon: Dr. Gabriel Chu of the Fraser Cataract and Laser Center in Abbotsford. The surgery went badly, Mr. Anderson sued.
Mr. Anderson hired Victoria lawyer Jacqueline Horton of Genesis Law (http://www.genesislawgroup.ca/). She’s a one-lawyer shop.
Dr. Chu had Abigail Turner and Deanna Froese from Harper Grey Easton. Harper Grey acts for essentially every physician who gets sued in BC. They are funded by the Canadian Medical Protective Association. The CMPA is funded by tax-payer dollars (yes, really) and thus has literally unlimited money to throw at cases. The CMPA’s 2021 annual report says it had assets of $1.6 Billion (that’s B-Billion). In 2021 they spent $116 Million on legal fees to defend their doctors.
Mr. Anderson said that not only was he left with impaired vision, Dr. Chu had not told him about the risks of the surgery. That means Dr. Chu had not gotten his “informed consent”. In law, consent is only real if you know what you’re consenting to – including the dangers. Most informed consent cases come down to: “Patient said vs. Dr. said”.
Here, Justice Warren determined that Dr. Chu was untruthful at court. Some examples are set out below. Read the judgment to see the many, many instances of Dr. Chu’s testimony being shown to be untrue.
[72] Dr. Chu was, at times, evasive in his testimony.
[73] During examination for discovery, Dr. Chu was asked why he had not filed a reportable incident form with the College of Physicians and Surgeons of British Columbia in relation to Mr. Anderson’s left eye surgery. He answered that he was not sure and would have to ask the medical director of the Fraser Valley Clinic. However, at trial he admitted he was the medical director.
[148] I have already detailed my general concerns about Dr. Chu’s credibility. As a result of those concerns and his failure to provide a reasonable explanation for the inconsistency between his testimony at trial and his testimony on discovery about whether he inspects IOLs before they are loaded, I have concluded that he shaped his evidence at trial to align with his interests.
I will leave you to read the horrifying details of Dr. Chu not giving enough anesthesia, using a defective lens, then using scissors and forceps in Mr. Anderson’s eye to cut that bad lens out. While Mr. Anderson screamed and kicked his legs in agony, Dr. Chu told him to be quiet and stop moving.
Jacqueline Horton took on the massive resources against her and she creamed them. It’s especially impressive when Ms. Horton runs a one-woman law practice. Harper Grey routinely has up to seven lawyers and many staff running files at their end. How else does the CMPA end up paying out $116 Million to their defence lawyers in a single year? Maybe Ms. Horton had the advantage of her background as a nurse and midwife in England. She learned that “nurse” means “to help”, but “doctor” means “to falsify”.
If you’re in Victoria and you want an indomitable lawyer, Jacqueline Horton might be your cup of tea. If you’re over this side of the water, call Clear Legal. We’ve been winning medical malpractice cases since 2001: https://canlii.ca/t/4wj4.
