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Geoff Aylward :: Selected Case Highlights
Employment law: Geoff Aylward represented a master mariner in an important employment law precedent. The captain had been dismissed by his employer after he had sued the employer for a breach of the employment contract. The Federal Court of Canada agreed with Mr. Aylward's argument. An employer had no right to dismiss an employee simply because he had filed a lawsuit against his employer in good faith. This case was the headline story in the national Lawyers Weekly under the headline "Employee's suit against boss isn't just cause for firing."

Disability insurance: Difficult cases present interesting challenges for Mr. Aylward. One of his clients had been denied representation by other different law firms because his case was deemed hopeless. Relying on its own interpretation of medical evidence, surveillance and financial records, the insurer had charged its own insured with fraud and sued him for repayment. The man went bankrupt. Mr. Aylward eliminated each reason given by the for denial of the benefits. The claimant received all of the benefits that been denied him, with interests, and is now receiving regular monthly benefits.

Blasting damage: In one of Mr. Aylward's first cases, he represented four homeowners. Their homes had been damaged during blasting operations to widen the Trans Canada Highway. The defendants hired a pre-eminent international expert on blasting operations. His report stated the blasting could not possibly have caused the damage to the report. During cross-examination of a defence engineer, Mr. Aylward established a fundamental error had been committed by one of the defence engineers in measuring the intensity of shockwaves. The defence more than doubled its previous offer and the claim settled before the international expert even had a chance to testify.

Personal injuries: Mr. Aylward has had a number of cases where insurance companies have hired two or more out of province specialists and health care experts who have downplayed the seriousness of a client's claim. In one case, an orthopaedic surgeon stated "I believe the prognosis for this lady is excellent and encourage her to return with confidence to her old lifestyle as soon as possible." Another report was obtained by the insurer from a team which included a doctor, physiotherapist and an occupational therapist. It also concluded the client could work full-time. Despite these reports minimizing the injury, Mr. Aylward was able to gather sufficient evidence to win a total settlement exceeding $500,000.

He has won substantial motor vehicle injury claims defence arguments that his clients' disabilities were caused by abuse as a child or adult. The defendants obtained lengthy medical and psychiatric reports to support their argument. Despite these arguments, very substantial settlements were achieved.

Criminal Charge reduced to Highway Traffic Offence: One of Mr. Aylward's clients had been charged with the Criminal Code offence of dangerous driving causing bodily harm. Conviction under the Criminal Code would have resulted in both a Criminal Record, loss of driver's licence, and loss of employment as a heavy equipment operator. After a thorough review of the facts, witness interviews and legal research agreement was reached with the Crown prosecutor to withdraw the Criminal Charge in return for a guilty plea to an offence under the Highway Traffic Act.

Aerial photographs establish successful defence: Mr. Aylward has a thorough detailed approach to criminal litigation. In one case, Mr. Aylward used aerial photographs in the successful defence of a sexual assault case. The photograpahs provided objective independent evidence that established critical details that were essential to the defence.

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