February 28, 2014

Kevin Gourlay

Summary trials and access to justice

Back in January, the Supreme Court of Canada released its decision in Hryniak v. Mauldin, 2014 SCC 7, dealing with the scope and implementation of summary trial procedures – specifically those provided by Ontario’s rules.  Madam Justice Karakatsanis, on behalf of the Court, extols the virtues of summary trial procedures…

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Counsel Notes

February 20, 2014

Kevin Gourlay

The SCC on expert evidence

The Supreme Court of Canada today released reasons in R. v. Sekhon, 2014 SCC 15 regarding the admissibility of expert evidence.  The accused crossed the border with 50kg of cocaine in a secret compartment underneath his truck.  He claimed he had just been asked to move the truck and had…

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Counsel Notes

February 17, 2014

Kevin Gourlay

Interprovincial judges? Administering settlement funds in a multi-jurisdictional class action

February 17, 2014 Reasons were issued today from the BCCA regarding the Hep-C class action that was settled 15 years ago for $1.1Bn. Click to read reasons. As part of the settlement, the superior courts of BC, Ontario, and Quebec took a supervisory role for administration of the massive fund. …

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February 11, 2014

Kevin Gourlay

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…

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January 31, 2014

Kevin Gourlay

An absence of argument on personal injury damages

Something has gone horribly wrong when a judge finds herself unable to assess damages at the end of a personal injury trial.  That was the conundrum faced by Madam Justice Russell in Le v. Point, 2014 BCSC 154, released today: [55]         I find myself in the unfortunate position of being…

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January 28, 2014

Kevin Gourlay

Counsel Notes: Settling without instructions – don’t

Stories are still told of certain lawyers that used to settle claims in bulk, then go back to their clients and advise them of their good fortune, dividing up the total settlement as the lawyer saw fit.  That was supposed to be a thing of the past. Lawyers must have…

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Counsel Notes

December 4, 2013

J. Scott Stanley

Spinal Cord Injury BC’s Peer Family Support Program: A new relationship that supports our clients

Murphy Battista LLP prides itself on an approach focused on total client care for every person that comes through our doors. Our call to action, “Get your life back” is the core of our philosophy. As such, we have made it a point to support organizations that provide unique and…

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November 18, 2013

Murphy Battista

Personal Injury Law and Functional Capacity Evaluations (FCEs): 5 things you should know

Personal injury litigation and functional capacity evaluations. In the course of personal injury litigation, the plaintiff is often sent for a “Functional Capacity Evaluation” (FCE). Sometimes the plaintiff is referred for an FCE by their own lawyer to provide additional evidence of the extent of impairment, and sometimes they are…

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June 24, 2013

Murphy Battista

Scott Stanley to sit on Ethics Panel at Vocational Rehabilitation Association National Conference & AGM, June 25-28, 2013

Scott Stanley will be participating on the second of two panels discussing ethical issues at the VRA National Conference & AGM being held here in Vancouver, June 25-28. Entitled “Resolution of Ethical Issues”, Ethical Panel Two will be introduced by guest speaker Dr. Ruiter-Kohn who will provide an overview of…

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Conferences

June 17, 2013

Paul Bosco

Changes to the BC Limitation Act – What They Mean for You

On June 1st, 2013, the new Limitation Act came into force in BC. This Act sets out the time limits a person has to make a civil claim, most commonly performed by suing another person or company for money to compensate for a loss. The most significant change in the…

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