LSBC v. Harding

In 2012 we represented Jason Walker. He’d been riding his motorcycle when a runaway tire came out of the dark and broke his foot. He called the police, reported to the maintenance contractor for the area, went to hospital, etc. ICBC accused him of fraud. ICBC hired an engineer who claimed the events described by Mr. Walker were “impossible”. In Closing argument Thomas Harding compared the defense engineer to Karnak the Magnificent — who claimed to "know” things without any evidence. The trial judge declared a mistrial, and ordered Mr. Harding to pay court costs. The Engineer sued. That got settled. Then the Law Society found Mr. Harding guilty of professional misconduct.

0n 30 June 2022 — yes, 10 years later — the BC Court of Appeal over-ruled the Law Society, finding it made many serious errors of law and analysis: https://www.bccourts.ca/jdb-txt/ca/22/02/2022BCCA0229.htm

[107] The hard position advanced by the defence made the case all or nothing for Mr. Walker and would have necessarily impacted Mr. Harding’s approach as counsel. As put by Mr. Harding’s counsel on appeal: “…[Mr. Harding] was faced with one of the most difficult challenges that a lawyer can face in a jury trial: an expert witness who a lawyer believes is wrong on the ultimate issue to be decided by the jury. Resolute advocacy was demanded.” I agree.