David Moseley Brown was born in Montréal, Québec in 1954.
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Appeared as counsel in 4 cases (1996–2006)
1,281 total
Appeal dismissed; appellant did not meet the proximity requirement for a nervous shock claim.
The appellant appealed a decision of the Criminal Injuries Compensation Board denying her claim for compensation as a victim of a violent crime.
The appellant sought compensation for nervous shock after learning that her daughter had been sexually assaulted by her husband years earlier.
The Divisional Court dismissed the appeal, finding that the Board correctly applied the common law test for nervous shock, which requires the claimant to have seen or heard the event or its immediate aftermath, rather than simply being informed of it later.