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LAWYER DESCRIPTION

Melanie Booth grew up in Richmond. She obtained her Bachelor of Arts Degree in History at UBC in 2002 and her Law Degree in 2006 at UVIC. She extended her legal studies through her participation in co-op rotations at the Canada Border Services Agency as crown counsel in immigration matters, at the Federal Crown in Drug Prosecutions, and at WorkSafeBC in Occupational Health and Safety Regulation & Prevention into 2007. She was called to the BC bar in 2008.

After combined articles with WorkSafeBC and Campbell Froh May and Rice LLP in Richmond, Melanie worked as in-house litigation counsel for ICBC for 5 years. She also worked as in-house counsel for WorkSafeBC for almost 2 years in Safety Regulation & Prevention and Investigations in addition to side consulting for sole practitioners on personal injury matters.

Since joining KSW Lawyers in 2016, Melanie’s practice areas are insurance defence, personal injury, disability management, motor vehicle accident claims, health and regulatory law, coroner’s inquests, workplace occupational health and safety matters, human rights, and general workplace matters. She has extensive mediation, trial and administrative tribunal experience at all levels in B.C. up to the Court of Appeal.

Melanie obtained her Certificate in Occupational Health and Safety studies from the University of New Brunswick and her Human Resources Management Diploma from Ashton College. She is a member of the Canadian Association of Counsel to Employers (CACE) Occupational Health and Safety (OHS) Subcommittee and the Chartered Professionals in Human Resources in BC (CPHR). She has her CPHR designation. She is also a member of the Association of Workplace Investigators (AWI) and she has completed her Advanced Investigation Certificate from Rubin Thomlinson Workplace Training & Consulting Inc., to support her interest in workplace investigations and employer policy review.

Outside of the law, Melanie previously served her community with her work on the City of Surrey’s Council to the Parks, Recreation and Sport Tourism Committee. She has enjoyed being an advocate for Access Pro Bono Society of BC to present, appearing before the Mental Health Review Board. She remains active in the sporting community and enjoys being outside and keeping fit with her 2 children and husband in the Surrey area. Her happy place is on the water.

  • Rubin Thomlinson Workplace Training & Consulting Inc., 2021 – Advanced Investigation Certificate
  • Ashton College, 2020 – Human Resources Management Diploma
  • University of New Brunswick, 2017 – OHS Certificate
  • University of Victoria, Faculty of Law, 2006 – LLB
  • The University of British Columbia, 2002 – B.A., History

Bar Admission:

  • British Columbia, 2008

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Successful Cases

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Practise Area
Lawyer
Description
3.3.2020
Human Rights
CHRIS DRINOVZ
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Our client was injured in a helicopter crash at work. The employer then terminated her employment while she was on medical leave and WorkSafeBC benefits. Our client filed a complaint under the Human Rights Code and the employer applied to dismiss the complaint under s. 27(1)(c) of the Code. We resited the application to dismiss and it was denied as the employer was unsuccessful in showing that the complaint had no reasonable prospect of success. Importantly, the tribunal found that “determinations made by WorkSafeBC abour whether an employee can return to a pre-injury job are not based on a human rights analysis of whether an employer has fulfilled its duty to accommodate.”
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1.21.2020
Commercial, Insurance & Criminal
CHRIS DRINOVZ
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Chris was co-counsel for the defendant in a case where the plaintiff claimed that the defendant intentionally ran him over with her vehicle. After a six day trial, the Court dismissed the plaintiff’s claims for aggravated and punitive damages and found the plaintiff was in fact 50% responsible for the incident.
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11.19.2019
WorkSafeBC Compensation
CHRIS DRINOVZ
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Judicial review – Workers Compensation Board accepted our client’s claim for a back injury sustained on a first day on the job with her new employer. In setting her long-term wage rate, WCB found her to be a ‘temporary’ worker. We argued for our client that her employment was permanent. WCAT dismissed our claim and affirmed the initial WCB decision. We petitioned the BC Supreme Court, and the Court found the WCAT decision was patently unreasonable as it failed to make findings about the words of our client’s oral employment contract. This judicial review presented an interesting intersection of employment law, workers compensation law, and administrative law. Read Chris’ blog post about this case here.
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9.20.2019
Employment Insurance & CPP
CHRIS DRINOVZ
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Chris’ client was denied Employment Insurance benefits after the Commission determined that she had left her job voluntarily. We appealed to the Social Security Tribunal and successfully argued that our client was in fact terminated from employment and therefore she was entitled to EI benefits. She received a retroactive payment and ongoing support during her search for new employment.
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MELANIE D. BOOTH

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*By clicking submit you agree you have read our Privacy Policy and Disclaimer
Disclaimer: the information you obtain at this site is not, nor is it intended to be, legal advice. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship. Please do not send any confidential information to us until such time as a lawyer-client relationship has been established. By checking this box you agree to receive communications from KSW Lawyers, which may include quarterly email Newsletters containing legal updates (may easily unsubscribe at any time).

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