Plaintiffs Litigation Blog
- 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 9, 2014
Scandalous Class Action Settlement Rejected
I wrote not long ago about an Ontario judge refusing to approve a class action settlement against legal publisher Thomson Reuters. In that matter, class counsel would be paid $825,000 while the class itself would fork over its intellectual property rights, receiving only a $350,000 fund for public interest litigation…
Continue ReadingJune 6, 2014
Discovery of documents: BCSC highlights the new two-tiered system for document production
Reasons for judgment yesterday from Mr. Justice Kent in Imperial Parking Canada Corporation, v. Anderson, 2014 BCSC 989, giving judicial force to the article he wrote on document production prior to his appointment: Kent “Discovery of Documents Under Supreme Court Civil Rule 7-1: Technical and Evidentiary Conundrums”, 70 Advocate 703, (2012). Justice Kent’s reasons highlight…
Continue ReadingCategories
Counsel NotesJune 4, 2014
Bullying nets Wal-Mart punitive damages in Ontario wrongful dismissal case.
The Ontario Court of Appeal recently gave reasons on a wrongful dismissal claim brought against Wal-Mart. The plaintiff, an assistant manager, had essentially been bullied into quitting. A jury heard the trial and awarded $1,000,000 in punitive damages and hundreds of thousands in aggravated damages and damages for intentional infliction…
Continue ReadingCategories
Counsel NotesRambo gets no respect from the judiciary
As most locals know, the first Rambo movie, First Blood, was filmed in and around Hope, BC. Reasons on Monday from Justice Harvey who apparently is not a Rambo fan (at least not the latter entries): [1] In the years leading up to 2010, the District of Hope (the “District”) decided that…
Continue ReadingCategories
Counsel NotesSeatbelt 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 ReadingJune 3, 2014
Acquired Brain Injury: Wheel, Walk, Run to Raise Awareness with Cheshire Homes Society of BC
On June 14th, 2014, Cheshire Homes Society of BC (CHSBC) is hosting its 6th annual awareness event, a Wheel, Walk, Run at Lumberman’s arch (3301 Stanley Park Drive) in Stanley Park Vancouver. CHSBC supports people with acquired brain injuries (ABIs) to achieve their optimal level of independence through innovative services,…
Continue ReadingMay 22, 2014
SCC Upholds BCCA on Faskens’ Mandatory Retirement Policy
I recall reading a story years ago (available here) in the New York Times on studies that had showed the party who gets asked more questions by the Court (in that case, the US Supreme Court), typically loses. Lawyers probably know this intuitively. If the bench is sitting there quietly…
Continue ReadingCategories
Counsel NotesBad Neighbours aka The “Stoop and Scoop” case
Some of the most entertaining cases that make their way through the Courts revolve around warring neighbours. Sometimes the disputes involve “real” concerns such as long-term fences that are found to be too far onto one person’s property. Or, they can be about utterly trivial nonsense that a normal person…
Continue ReadingCategories
Counsel NotesMay 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 25, 2014
The Inequity of Double Costs — Wettlaufer v. Air Transat
Rule 9-1 is intended to encourage parties to settle cases. It does so by giving trial judges the discretion to order penalties in costs against parties that failed to accept reasonable settlement offers. This generally means that if the plaintiff recovers more than he offered to settle for, he gets…
Continue ReadingCategories
Counsel Notes