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)
April 23, 2014
Thursday, April 24th: Jeans Day™ BBQ for BC Children’s Hospital Foundation at the Vancouver Art Gallery
Let’s lunch! Join us at the “Jeans Day™ BBQ” tomorrow (Thurs, April 24th) from 11:30 am to 1:30 pm at the Vancouver Art Gallery. Glowbal chefs will be working the grill with all proceeds from each $10 lunch supporting BC Children’s Hospital Foundation. We hope to see you there.
Continue ReadingApril 10, 2014
Cognitive-Communication Disorders: Evidence Based Assessment and Treatment for Speech-Language Pathologists
The firm is delighted to help sponsor this series of workshops being held April 11-12 at the Vancouver General Hospital. The workshops are being hosted by Columbia Speech and Language Services Inc. and The Vancouver Acute, Speech-Language Pathology Practice Group of Vancouver Coastal Health. The series consists of two courses:…
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 3, 2014
Police Chases and Public Safety
Police officers have very difficult jobs. They routinely face difficult and dangerous situations where split second decisions have to be made. Their job is to protect the public and doing so can often mean choosing the lesser of two evils — this can mean choosing between letting a suspect get…
Continue ReadingCategories
Counsel NotesTags
Risk AssessmentApril 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 ReadingCredit Card Conspiracy Class Action
Reasons today from Chief Justice Bauman, still of the Supreme Court at the time of the application, on a proposed class action against Visa, MasterCard, Royal Bank, BMO, and most of the major financial institutions in Canada. By my count, 31 lawyers, including several of the top litigators in the…
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 23, 2014
The Supreme Court of Canada Refuses Justice Nadon’s Appointment
Reasons on Friday from the SCC concluding that Harper’s most recent appointment, the Honourable Marc Nadon, was not qualified to join their ranks as he did not meet the criteria of s. 6 of the Supreme Court Act. Had the government inadvertently made an appointment that did not comply with the…
Continue ReadingCategories
Counsel NotesThe “Successful Party” — Loft v. Nat
The BC Court of Appeal recently clarified that a plaintiff who recovers damages is the “successful party” for the purposes of costs. There had been a number of trial judgments (Visona v. Stewart, 2013 BCSC 2006, Werner v. Ondrus, 2013 BCSC 1565) that had deprived the plaintiff of costs after receiving…
Continue ReadingCategories
Counsel Notes