Paul Mitchell, K.C.

Partner

T: 250.869.1115
E: [email protected]

Paul’s practice is limited to serious personal injury claims and art law.

In his personal injury practice, he acts only on behalf of the injured, with an emphasis on brain injury claims, spinal injuries, wrongful death claims, medical malpractice claims, and product liability claims. Paul acts for clients throughout B.C and Alberta in multi-million-dollar claims.

He has acted for numerous clients who have sustained a severe brain injury.

He has also acted on behalf of numerous clients who sustained severe spinal injuries , including paraplegia and quadriplegia.

He settled claims totaling over 15 million dollars in just one year recently.

Product Liability Cases

Paul has been involved with product liability claims involving;

  • the design and manufacture of automobiles (including roll over and roof crush cases),
  • trucks
  • motorcycles
  • drive shafts
  • bicycles
  • bicycle forks
  • motorcycle forks
  • seatbelts (seatbelt failure)
  • swimming platforms
  • boating accidents
  • marketing and special event tents
  • retail display racks
  • stair design
  • highway and road design
  • water slides
  • Sumo wrestling suits
  • medical components
  • municipal and provincial governments

His product liability cases have involved claims in Canada, the United States, and the United Kingdom.

He recently settled a product liability case in BC for $2.4 million, and a product liability case in Alberta for $1.8 million.

Medical Malpractice Claims

Medical malpractice and birth injury claims are complex and require significant experience and special attention.  Paul has extensive experience with the complex issues in medical malpractice claims.  He has successfully settled serious medical malpractice and birth injury cases involving BC and Alberta doctors, clinicians and hospitals, with settlements ranging from $1 million to over $5 million.

He just recently settled a medical malpractice case for a client in BC for $5 million.

His medical malpractice experience includes settling claims for a wide range of injuries including:

  • cerebral palsy
  • missed diagnoses in neonate and pediatric care
  • birth injuries causing severe brain injuries
  • shoulder dystocia
  • spinal abscess and cysts
  • spinal surgeries
  • missed compartment syndrome
  • infectious diseases causing quadriplegia, and amputation of limbs
  • wrongful deaths
  • orthopedic surgeries
  • vascular surgeries
  • appendix surgeries causing death
  • implantation of faulty surgical devices
  • septic shock claims causing amputation and brain injuries
  • delayed and improper diagnosis of cancer;
  • and other serious but treatable conditions.

Structured Settlements

He also has extensive experience with structured settlements, having completed over 30 structured settlements in prior severe injury claims.

His clients include a wide range of complex personal injury claims. He has earned a reputation as a well-prepared tenacious advocate for his clients.

Paul is the author of a significant number of articles on brain injury, severe personal injury, and medical malpractice claims, and is often sought out to speak on these topics.

Paul was a founding director of BrainTrust Canada in 1988, and was on their board for over 25 years.  He has presented at numerous brain injury conferences, including the Pacific Coast Brain Injury Conference, the Okanagan Brain Injury Conference, as well as for the Trial Lawyers Association of BC.

Pushor Mitchell LLP is the title sponsor BrainTrust’s Canada’s Pushor Mitchell Conference on Brain Injury, an annual brain injury conference that takes place every year in June.

Paul is also a past director of the B.C. Brain Injury Foundation.

Art Law

Paul’s art law practice includes acting for buyers and sellers, dealers, collectors, artists, galleries, museums, and art institutions. He has been involved as an art dealer and art advisor for many years. Paul has lectured on art including events hosted by the University of British Columbia, and the Kelowna Art Gallery. He is a past Director and Past Vice–Chair of the Kelowna Art Gallery, and Past Chair of their Acquisitions Committee.

Paul was born and raised in Kelowna. He left to attend the University of British Columbia where he obtained a Bachelor of Commerce Degree and his Bachelor of Law Degree. He returned to Kelowna in 1979 to article with the firm, was called to the Bar in 1980, and became a partner of the firm in 1983.

He was appointed a King’s Counsel in 2008.

Education

  • LL.B – University of British Columbia
  • B.Comm. – University of British Columbia

Professional and Community

  • Kelowna Chamber of Commerce – Past President
  • BC Chamber of Commerce – Past Director
  • Trial Lawyers Association of B.C. – Past Governor
  • Canadian Bar Association – Past Provincial Council Member
  • Canadian Bar Association – Past National Council Member
  • Kelowna General Hospital – Past Trustee
  • Kelowna General Hospital Foundation – Past Director/Vice Chair
  • Central Okanagan Foundation – Past Director/Vice Chair
  • Friends of the Park, Past Executive Member – to retain Cedar Avenue (Pandosy) Park
  • United Way Campaign – Past Campaign Chair (2000)
  • United Way, Leadership Cabinet – Member
  • BrainTrust Canada, Founding Director – Past Director
  • BC Brain Injury Foundation – Past Founding Director
  • Coquihalla Connector Coalition – Past Chair
  • Public Legal Education Committee Canadian Bar Association (BC Branch) – Past Chair
  • Thompson Okanagan Regional Transportation Committee – Past Chair
  • Kelowna Triathlon Society – Past Founding Director
  • Okanagan Innovation Fund – Founding Director, Past Chair
  • Kelowna Art Gallery, Past Director – Past Vice Chair
  • Kelowna Art Gallery – Past Acquisitions Committee, Chair
  • Kelowna Memorial Cup 2004 Bid Committee – Past Chair
  • Kelowna Memorial Cup 2004 Society – Past Chair
  • 2006 World Junior Hockey Championship – Past Organizing Committee Member
  • 2006 World Junior Hockey Championship, Kelowna Venue – Past Co-Chair
  • U2000 Society (for creation of a university in Central Okanagan) – Founding Director, Past Executive Member
  • UBC Okanagan Capital Campaign, UBCO Campaign Cabinet – Past Member
  • UBC Capital Campaign, UBC Campaign Cabinet – Past Member
  • UBCO Faculty of Management Advisory Board – Past Member
  • UBC Chancellor Search Committee – Past Member
  • UBC Alumni Association – Past Director
  • UBC Alumni Excellence Awards – Awards Committee Member
  • UBC Roger Watts Debates – Founding Director, Past Judge
  • 3 Minute Thesis Competition, Western Canada – Past Judge
  • Gyro Club – Past Director
  • Steve Thomson MLA – Election Campaign Chair, 2009
  • Steve Thomson MLA – Election Campaign, 2013
  • Steve Thomson MLA – Election Co-Campaign Chair, 2017
  • American Trial Lawyers’ Association – Member
  • Association for Injured Motorcyclists – Member
  • North American Brain Injury Association – Member
  • Trial Lawyers’ Association of British Columbia – Member
  • Canadian Bar Association – Member
  • Kelowna Bar Association – Member
  • Canadian Paraplegic Association (BC) – Member

Recognition

Paul has a long history of service to the community. His efforts have been recognized many times over the years including the following awards:

  • 1998 Central Okanagan United Way – Local Hero Award
  • 1999  Kelowna Chamber Of Commerce – Volunteer Award of Excellence
  • 2000 Kelowna Chamber of Commerce – Excellence in Leadership Award
  • 2000 Canadian Bar Association – Community Service Award
  • 2001  Kelowna Minor Hockey Association – Volunteer of the Year Award
  • 2002 Kelowna Capital News – Kelowna Newsmaker of the Year Award
  • 2004 Kelowna Civic & Community Award for Memorial Cup – Anita Tozer Memorial Award
  • 2004  Rotary International – Paul Harris Fellow Award
  • 2008 Queens Counsel (Q.C.) Appointment
  • 2009 UBC Okanagan Alumni Community Builder Award
  • 2010 B.C. Community Achievement Award
  • 2012 Kelowna Chamber of Commerce, Honourary Life Member
  • 2012 Queen Elizabeth II Diamond Jubilee Medal
  • 2012 UBC Alumni Achievement Award, Volunteer Leadership Award
  • 2014 Honorary Patron, The Nature Trust of BC’s Earth Wind Fire 2014

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