Plaintiffs Litigation Blog
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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)
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- Cycle for Sight (2)
- disability travel (1)
- fighting blindness canada (2)
- Golf for Julia (1)
- Halloween (2)
- Housing Cooperatives (1)
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- Murphy Battista LLP (2)
- para-badminton (1)
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- Teen (1)
- traveling with medication (1)
- Vancouver Sun Run (1)
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September 4, 2014
McCollum, Scalia, and The Death Penalty
Canada abolished the death penalty in Canada in 1976, having last executed a person over 50 years ago (1962). Virtually all of the developed world has done the same. The famous exception is the United States which continues to execute people, trailing only China, Iran, Iraq, and Saudi Arabia in…
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Counsel Notes
Joe Battista, Q.C. rises to the ALS Ice Bucket Challenge
You may have noticed a certain trend sweeping the internet lately involving ice, buckets, and fully clothed people. In fact, as you’re reading this online right now, there’s no way you haven’t. Joe Battista, Q.C., is not one to shy away from a challenge, and his ice bucket challenge nomination…
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Firm NewsAugust 29, 2014
Scienter and Liability for Your Dog
Reasons for judgment recently from Mr. Justice Joyce in Gallant v. Slootweg, 2014 BCSC 1579, involving a plaintiff who broke his clavicle and multiple ribs after being chased and knocked from his bicycle by the defendant’s dog. In the course of the judgment, the Court reviewed and restated the doctrine of…
Continue ReadingAugust 5, 2014
Expert Reports and the Proper Role of Counsel
In a voir dire during a recent jury trial (available here), Mr. Justice Abrioux criticized the practice of experts appending lengthy appendices, particularly those summarizing voluminous clinical records. The criticism makes sense in a jury trial; those clinical records would not otherwise be in the jury room so it defies…
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Counsel NotesJuly 11, 2014
Over the Top Cost of Future Care Claims
When clients have serious long-term injuries, they are entitled to a lump sum amount to pay for future care. Justice Dickson said the following in Andrews 35 years ago: Money is a barren substitute for health and personal happiness, but to the extent, within reason, that money can be used to sustain…
Continue ReadingJuly 4, 2014
Twitter: Plaintiff’s Credibility and Their Online Persona
More and more often plaintiffs in personal injury claims are cross-examined on their online activities, be it Facebook posts, Instagram photos, Tweets, or a host of other social media sites that are hard to keep up with. The problem is that these sites are generally used to convey a particular…
Continue ReadingJuly 3, 2014
Head injury? Always consult a lawyer
It is generally in your best interest to get legal advice when you’ve been injured in a car accident. In two recent episodes of AM 650’s The Law Show we discussed situations and types of injuries where it’s particularly important to consult a lawyer before making decisions about how to…
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Brain and Head InjuriesJune 23, 2014
Brain Injury: The Importance of Community Rehabilitation – A Conference Recap
Murphy Battista had the honor of being a sponsor for the annual Pushor Mitchell LLP Okanagan Conference on Brain Injury. This year’s conference was titled “Living Well: The Importance of Community Rehabiliation After Brain Injury.” “Living Well: The Importance of Community Rehabilitation After Brain Injury” – See more at: ;
Continue ReadingJune 14, 2014
More Controversy Over Harper’s Judicial Appointments?
The Supreme Court of Canada just went through the undoubtedly uncomfortable fiasco of having to rule on the eligibility of a nominee, the Honourable Marc Nadon. The 6:1 majority concluded that Justice Nadon, a supernumerary judge of the Federal Court of Appeal, did not meet the criteria of s. 6…
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Counsel NotesJune 9, 2014
Compartment Syndrome and Rahim Moore
Occasionally we see clients who have developed a rare condition called compartment syndrome after an injury. Compartment syndrome can develop following seemingly innocuous injuries, e.g. a broken leg, if improperly treated. The condition can have devastating consequences, including amputation, and is often described by victims as the worst pain imaginable. Sports…
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