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ARTICLE · 21 SEPTEMBER 2017

Case Brief: J.P. V. British Columbia (Children And Family Development), 2017 BCCA 308

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In an unanimous decision released on August 31, 2017, the British Columbia Court of Appeal ordered a new trial for B.G., a father accused of sexually abusing his four children.

CanadaLitigation, Mediation & Arbitration
Morgan Camley
Morgan Camley
Robin Dean
Robin Dean
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In an unanimous decision released on August 31, 2017, the British Columbia Court of Appeal ordered a new trial for B.G., a father accused of sexually abusing his four children. Miller Thomson lawyers Morgan Camley and Robin Dean successfully argued that the trial judge's reliance on flawed expert opinion evidence led to a fundamentally unfair trial and caused a miscarriage of justice. This case stands as an important example of the vital "gatekeeper" role that a trial judge must play when admitting the evidence of experts.

The Trial Proceedings

The Court of Appeal's judgment covers two interrelated appeals involving three proceedings dating back to 2011: (1) a family proceeding commenced in 2011 by the mother, J.P., against B.G. for a divorce and a division of property; (2) a child protection proceeding commenced in the BC Provincial Court by the Director of Child, Family and Community Services (the "Director") after the children were removed from J.P.'s care

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