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Nevin Fishman

Nevin, a senior partner with Branch MacMaster LLP, is litigation lawyer with nearly 30 years of experience in Vancouver.  Nevin’s practice is concentrated in the areas of health law (including professional liability, administrative disputes, privileges and audits) and insurance litigation (including 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.

In its 2014 publication, Who's Who Legal Canada described Nevin in their Products Liability chapter as "talented" and "one of the best litigators in Canada". 

Contact Nevin at nfishman@branmac.com or (604) 622-6600.

Areas of Practice

  • Investigating and defending claims on behalf health care professionals and their staff in 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 nearly 30 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. 
  • Prior to joining Branch MacMaster LLP, Nevin was a partner at Campney & Murphy (until 2002) and Bernard LLP (until 2015).

Education

  • LL.B, University of Toronto (1985)

Representative Counsel Work

  • Campbell v. Swetland, 2012 BCSC 423.  The first authority in British Columbia defeating a claim for interest on litigation loans (at paras. 91 – 104).
  • Holland v. Douglas,  2010 BCCA 434.  The first award of special costs on a lump sum basis from the B.C. Court of Appeal to our client, a treating physician.   Other recent successes arising out of the same medical malpractice litigation include:  Holland v. Marshall, 2011 BCSC 65;  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 - http://www.canlii.org/en/bc/bcsc/doc/1996/1996canlii939/1996canlii939.html. 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 - http://www.canlii.org/en/bc/bcsc/doc/1998/1998canlii3311/1998canlii3311.html  

Professional Memberships and Activities

  • Admitted to the British Columbia Bar, 1986
  • Member, Law Society of British Columbia, 1986
  • Member, Canadian Defence Lawyers Association
  • Member, Medical-Legal Society of British Columbia
  • Member, Jewish Lawyers’ Association of B.C. 

Author and Speaker

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

Volunteer and Community Work

Nevin is a proud Vancouverite through and through. He loves this city for its people, its culture and nature. Spare time is devoted to his wife, three children and two cats. Nevin is a Dunbar Community Patroller and is studying krav maga.