THE ADVOCATE 291
VOL. 76 PART 2 MARCH 2018
The 1984 article by Dr. Francis J. Wifling, a psychologist, and Dr. Peter C.
Wing, an orthopedic surgeon, called “Disability and the Medical/Legal
Process”177 has been cited in cases such as Cavasin and Gray, where it was
quoted at length, and Maslen. Apparently “the defence introduced the
article as an exhibit” in Crowe v. Mitchell.178
The B.C. Court of Appeal in Maslen also referred to Davis’s 1988 article,
“Chronic Pain Syndrome and Somatoform Pain Disorder”.179 The B.C.
Supreme Court in Cavasin turned to David P. McGivern’s 1992 article,
“Chronic Benign Pain Syndrome Revisited: A Re-thinking of Judicial Treatment
of Psychological Reactions to Pain”.180
The B.C. Court of Appeal described as a “useful … article” Kenneth W. Thornicroft’s
“Collateral Benefits: A British Columbia Update”181 in Grant v. Jackson,
182 citing a trend in favour of recovery that the article analyzed.
Dissenting in part, Madam Justice McLachlin (pre-Chief Justice days) cited
Gillian Dougans’s 1991 article, “Collateral Benefits: Some Further
Thoughts”,183 in a 1994 Supreme Court of Canada decision.184
The B.C. Supreme Court referred to Kieran Bridge’s 1989 article, “Accelerated
Depreciation Revisited”185 in Miles v. Mendoza.
VARIOUS CRIMINAL LAW MATTERS
Accessed 69 times on HeinOnline in the 12 months up to January 1, 2018
(the third highest among Advocate articles) was Mary T. Ainslie, Q.C.’s 2011
article, “The Phenomenon of Wrongful Convictions in Canada”.187
The Law Society of British Columbia’s PLTC Practice Material: Criminal
Procedure188 cites Richard Hewson’s 1997 article entitled “Advising Clients in
Police Custody or, ‘Why Don’t You Do Everybody a Favour and Blow?’” for
“a practical review of communications with clients who are in custody”.189
The B.C. Supreme Court quoted at some length from Mr. Justice Ray
Paris’s 1987 article, “The Proper Verdict in a Kienapple Case”,190 in R. v.
Chung.191 That court also cited Mark K. Levitz and Robert Prior’s 2003 article,
“Criminal Organization Legislation: Canada’s Response”,192 in the
descriptively titled R. v. Accused No. 1.193
Appropriately, then Justice Beverley McLachlin’s 1996 piece, “The Evolu-