Lawyers

Nevin Fishman Partner

Nevin is a senior litigation lawyer with more than 25 years of experience. Nevin’s practice is concentrated in the area of insurance litigation including health law (medical and dental malpractice, professional liability and personal injury), disability and products’ liability. His clientele includes some of the largest international, national and provincial insurance companies. Nevin deals almost exclusively with sophisticated clients and has a vast network of expert witnesses at his disposal. Strengths include opinions on coverage, quantification of damages, risk analysis, development and implementation of strategies, negotiations, and when necessary, representation in Court. Nevin has extensive counsel experience before the British Columbia Court of Appeal, the British Columbia Supreme Court, coroners’ inquests, disciplinary boards, various tribunals and administrative bodies. He has also represented clients in numerous arbitrations and mediations.

Investigating and defending claims on behalf medical doctors, dentists and their staff in professional negligence and professional misconduct matters throughout British Columbia, Nevin’s experience covers all manner of catastrophic injury, including fatalities.

Additionally, Nevin advises with respect to disciplinary matters, billing disputes, consent to treatment issues, credentialing, practice reviews, coroners’ investigations and inquests. His experience includes appearing regularly before various regulators, boards, tribunals, arbitration panels, commissions of inquiry and the governing bodies of a range of institutions and professional disciplines.

Nevin advises disability insurers on their coverage obligations and defending claims under disability policies – both group and individual. His experience includes claims for bad faith, punitive and aggravated damages as well as obtaining early bifurcation orders for disability insurers.

For over 25 years, Nevin has been defending insurers in the area of personal injury law. He has successfully defended numerous major tort claims out of car, truck, motorcycle, bicycle, pedestrian and shipping accidents.

Representing Canadian and international clients, including manufacturers, distributors, dealers, end users and their respective insurers, Nevin brings a wide range of experience to the practice, including defending automotive product liability claims, product recalls and product warnings.

Nevin has contributed to the Advocate, CLE B.C., Canadian Defence Lawyers (CDL), INSIGHT, the Medical-Legal Society of B.C., the Canadian Life and Health Insurance Association (CLHIA), and the Canadian Society of Medical Examiners (CSME). Nevin is a member of Canadian Defence Lawyers, Medical-Legal Society of B.C., Defence Research Institute, Jewish Lawyers’ Study Group and the Dunbar Residents Association. He is actively involved as a patroller for Dunbar Community Patrol and is a past director of The Law Courts Inn and past member of the B.C. Association of Insurance Defence Counsel.

Representative Cases

Campbell v. Swetland, 2012 BCSC 423. The current and leading authority in British Columbia defeating a claim for interest on litigation loans (at paras. 91 – 104).

Holland v. Douglas, 2010 BCCA 434. Here, for the first time ever, the B.C. Court of Appeal awarded special costs to our client – a treating physician – on a lump sum basis. Other recent successes arising out of the same medical malpractice litigation include: Holland v. Marshall, 2011 BCSC 651; Holland v. Douglas, 2010 BCCA 345; Holland v. Douglas, 2010 BCSC 96.

Josephson v. Balfour Recreation Commission, 2010 BCCA 339 and 2010 BCSC 603. These cases form, perhaps, the leading British Columbia authority regarding the territorial competence of our Courts over torts and the interpretation of the Court Jurisdiction and Proceedings Transfer Act. Of note, the appeal was overturned by consent as part of a negotiated settlement.

K.D. v. B.C. Women's Hospital et al, 2004 BCSC 1568. Successful defence at trial of a medical malpractice action against our clients – a perinatologist and an oby./gyn. resident – arising out of the death of a twin at delivery.

McClelland v. Dr. Stewart, 2003 BCSC 1292. A leading authority regarding the prospect of suing a public body – the College of Physicians and Surgeons – in negligence despite its statutory immunity from liability.

Morrison v. Cormier Vegetation Control, March 22, 1996, No. B944774 Vancouver Registry (BCSC); [1997] 3 WWR 153; 25 CCEL (2d) 135; 28 BCLR (3d) 280; 1996 CanLII 2627 (BCCA). A leading authority on the consent – express or implied – to operate a motor vehicle as contemplated by s. 79 of the Motor Vehicle Act. This personal injury claim ultimately went to trial; see Morrison v. Cormier Vegetation Control, June 16, 1998, No. B944774 Vancouver Registry.

Professional and Other Affiliations

  • Called to the Bar of British Columbia, 1986
  • Member, Law Society of British Columbia (1986)
  • Canadian Defence Lawyers Association
  • Medical-Legal Society of British Columbia
  • Jewish Lawyers’ Study Group
  • Dunbar Residents Association
  • Dunbar Community Patrol

Author and Speaker

  • The Advocate
  • CLE B.C.
  • INSIGHT
  • Medical-Legal Society of B.C.
  • Canadian Life and Health Insurance Association (CLHIA)
  • Canadian Society of Medical Examiners (CSME)

Other Interests

Nevin is a Vancouverite through and through. He loves this city for its people, its culture and nature. He devotes much of his spare time to his three children’s sporting activities (soccer; baseball; softball; rugby; water polo) and enjoying his native city with his wife and family.

Nevin Fishman

Areas of Practice

Education

  • LL.B, University of Toronto, 1985

Publications