Plaintiffs Litigation Blog: Accident and Negligence Claims
- All
- Accident and Negligence Claims (36)
- Accident Benefits (3)
- Back, Neck and Spinal Cord Injuries (9)
- Bike / Cycling Accidents (1)
- Brain and Head Injuries (11)
- Burn Injuries (1)
- Car Accidents (9)
- Cartiva SCI (1)
- Chronic Pain (5)
- Civil Sexual Assault Claims (5)
- Class Actions (9)
- Cleroux (1)
- Client Resources (9)
- Commercial Host Liability (1)
- Community Involvement (26)
- Conferences (7)
- Counsel Notes (48)
- Critical Illness Insurance (1)
- Denied Claims (4)
- Disability Insurance (2)
- Dog Bites (2)
- Fibromyalgia (1)
- Fire Loss (3)
- Firm News (6)
- Flood and Theft Claims (1)
- Government Claims (2)
- Homeowners Insurance (3)
- ICBC Part 7 Benefits (2)
- Injured Passengers (3)
- Injury Claims (15)
- Insurance Broker Negligence (2)
- Insurance Disputes (7)
- Legislative Developments (2)
- Medical Malpractice (6)
- Motor Vehicle Accidents - ICBC Injury Claims (7)
- Motorcycle Accidents (1)
- Murphy Battista (4)
- Negligence (3)
- Pedestrian Injuries (2)
- Recreational and Sports Injuries (5)
- Rehabilitation (3)
- Residential and Business Loss Insurance Claims (2)
- School Accidents (1)
- Sexual Abuse (2)
- Sexual Abuse and Misconduct (1)
- Slip and Fall Injuries (1)
- Social Host Liability (1)
- Social Host Liability (3)
- Soft Tissue Injuries (1)
- Sponsorships (15)
- Travel Insurance (1)
- Truck and Commercial Vehicle Accidents (1)
- All
- Annual Sponsorships (1)
- BC Laws (1)
- British Columbia (1)
- Civil Claims (1)
- Co-op Housing (1)
- Co-op Membership (1)
- Co-ops (1)
- Cycle for Sight (2)
- disability travel (1)
- fighting blindness canada (2)
- Golf for Julia (1)
- Halloween (2)
- Housing Cooperatives (1)
- Limitation Act (1)
- Murphy Battista LLP (2)
- para-badminton (1)
- Risk Assessment (1)
- SCI (1)
- SCI BC (1)
- Social Outreach (2)
- Spinal cord injury (2)
- Teen (1)
- traveling with medication (1)
- Vancouver Sun Run (1)
- wheelchair sports (1)
- All
- Alex Sayn-Wittgenstein (2)
- Andrew Brine (2)
- Angela Bespflug (0)
- Bill Dick (4)
- Brandon Souza (3)
- CF_EXPOSED_USERNAME (0)
- Irina Kordic (2)
- J. Scott Stanley (12)
- Janelle O’Connor (6)
- Jeffrey J. Nieuwenburg (3)
- Joe Battista (0)
- Joe Murphy (5)
- Keri Grenier (0)
- Kevin Gourlay (47)
- Kevin Hyde (1)
- Matthew Van Nostrand (1)
- Mike Murphy (0)
- Paul Bosco (4)
- Tara Chandler (0)
- Murphy Battista (55)
Accident and Negligence Claims (36)
Back, Neck and Spinal Cord Injuries (9)
Civil Sexual Assault Claims (5)
Critical Illness Insurance (1)
Insurance Broker Negligence (2)
Motor Vehicle Accidents - ICBC Injury Claims (7)
Recreational and Sports Injuries (5)
Residential and Business Loss Insurance Claims (2)
- All
- Annual Sponsorships (1)
- BC Laws (1)
- British Columbia (1)
- Civil Claims (1)
- Co-op Housing (1)
- Co-op Membership (1)
- Co-ops (1)
- Cycle for Sight (2)
- disability travel (1)
- fighting blindness canada (2)
- Golf for Julia (1)
- Halloween (2)
- Housing Cooperatives (1)
- Limitation Act (1)
- Murphy Battista LLP (2)
- para-badminton (1)
- Risk Assessment (1)
- SCI (1)
- SCI BC (1)
- Social Outreach (2)
- Spinal cord injury (2)
- Teen (1)
- traveling with medication (1)
- Vancouver Sun Run (1)
- wheelchair sports (1)
- All
- Alex Sayn-Wittgenstein (2)
- Andrew Brine (2)
- Angela Bespflug (0)
- Bill Dick (4)
- Brandon Souza (3)
- Irina Kordic (2)
- J. Scott Stanley (12)
- Janelle O’Connor (6)
- Jeffrey J. Nieuwenburg (3)
- Joe Battista (0)
- Joe Murphy (5)
- Keri Grenier (0)
- Kevin Gourlay (47)
- Kevin Hyde (1)
- Matthew Van Nostrand (1)
- Mike Murphy (0)
- Paul Bosco (4)
- Tara Chandler (0)
June 4, 2014
Seatbelt Defences — Schenker v. Scott
Reasons last week from the BC Court of Appeal re-affirming that for a seatbelt defence to succeed, the defendant must adduce evidence that the seatbelt would have made a difference (though the possibility an inference of causation can be made in particular circumstances is acknowledged): [41] However, the judge’s conclusion…
Continue ReadingMay 15, 2014
Jury Trial for Toronto Maple Leaf Cody Franson
Reasons today from Madam Justice Fisher in Franson v. Caldarella, 2014 BCSC 853. Current Toronto Maple Leaf and former Vancouver Giant was injured in a car accident in 2008. In this lawsuit, he alleges that the injuries he suffered in that accident delayed his entry into the NHL resulting in significant…
Continue ReadingApril 8, 2014
Plaintiff Credibility Matters: Unreliable Plaintiff’s Claim Dismissed
Reasons on Monday from a 4-day trial in March, 2012: Fancy v. Gareau, 2014 BCSC 584. The plaintiff claimed to be injured in a September, 2008, accident. However, her evidence was wholly inconsistent with forms she had completed for WorkSafeBC regarding a workplace accident she had had some months prior. [84] At…
Continue ReadingApril 2, 2014
Liability of “Common Carriers”
Reasons today from Mr. Justice Abrioux in Bideci v. Neuhold, 2014 BCSC 542, a case involving the liability of common carriers. The case arose from injuries suffered by a 93-year-old man who fell when a bus driver pulled out from a stop before the plaintiff had a chance to exit. The…
Continue ReadingMarch 27, 2014
Bette Midler and Lay Opinion Evidence
Reasons today from Mr. Justice Sigurdson in Giczi v. Kandola, 2014 BCSC 508, a case in which the plaintiff suffered serious injuries that prevented her from, for better or for worse, being able to pursue a career as a Bette Midler tribute artist. Of particular interest is the Court’s discussion of…
Continue ReadingMarch 25, 2014
The Seatbelt Defence — Lakhani v. Samson
An otherwise blameless plaintiff injured in an accident can be found contributorily negligent for failing to wear a seatbelt. However, the burden rests with the defendant to establish a seatbelt defence. As stated by Madam Justice Hyslop in Schenker v. Scott, 2013 BCSC 599, to establish a seatbelt defence a defendant…
Continue ReadingMarch 20, 2014
The Plaintiff’s Credibility – Facebook Tactics
Reasons for judgment today from Madam Justice Griffin following an 11-day trial in J.D. v. Chandra; J.D. v. Collier, 2014 BCSC 466. The plaintiff was injured in car accidents in 2006 and 2010. She was 17 at the time of the first accident. By the time of trial, she was…
Continue ReadingMarch 19, 2014
Parking lots aren’t places of safety; future care claims
The Court of Appeal released reasons today in Russell v. Parks, 2014 BCCA 104, overturning the trial judge’s apportionment of liability and awarding future care costs that had been refused. The plaintiff was hit by the defendant’s vehicle in a Cranbrook strip mall parking lot. He had stepped over a small…
Continue ReadingMarch 18, 2014
Liability waivers in commercial recreational sports
CBC Marketplace recently ran a segment on liability waivers in commercial recreational sports. Click to view a written version of the show. In the course of the segment, they speak to a former client of mine who was injured in a zip lining accident where the zipline outfit was clearly…
Continue ReadingFebruary 11, 2014
Use of statements in clinical records
A decision from early 2013, Kostecki v. Li, 2013 BCSC 2451, was posted recently regarding the use of statements in clinical records. Defence counsel had cross-examined the plaintiff on statements in clinical records she purportedly made to a neurologist and a physiotherapist. The plaintiff denied making the statements and counsel didn’t…
Continue Reading