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Arlene Westervelt’s Family Launches Estate Litigation Claim in Search of Justice.
Scott Stanley is representing the family of Arlene Westervelt in an estate litigation case against Ms. Westervelt’s husband, Bert Westervelt. The claim is based on the equitable legal concept that people should not profit from their misdeeds, including unlawful or dishonourable acts. The lawsuit alleges that Mr. Westervelt was responsible…
View MoreDog Bites: What you Need to Know About Proving Your Claim
Now that the good weather is upon us and people are flocking to the parks and beaches it is inevitable that the interaction between people and dogs will increase. This means a corresponding rise in dog bites. Dog bites can be both traumatic and cause serious injury. In this blog…
View MoreVicarious liability of school boards for sexual abuse by teachers: Is the school still out?
The Supreme Court of Canada has recognized that teachers play a key role in society that places them in a direct position of trust and authority towards their students. Teachers have significant power, authority, and control over their students. They have control over almost all aspects of a student’s day,…
View MorePersonal 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…
View MoreRecreational and Sports Injuries Caused by Someone’s Negligence
Every year an increasing number of Canadians participate in amateur recreational sports. In doing so, these participants, both children and adults, are assuming the inevitable risk of injury that comes with most sports. The question then arises: what are the legal rights of participants in sports when they are injured,…
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View MoreLaser Hair Removal and Tattoos Don’t Mix
A lawsuit involving a painful burn, alleged to have been caused by laser hair removal over a tattoo, has resurrected an issue regarding the lack of regulation of the laser hair removal industry in BC. Read the CBC story HERE Warning for consumers re: laser hair removal Laser hair removal…
View MoreProud to Sponsor the 7th Annual Vancouver Military Dinner with Proceeds Going to Soldier On.
March 15, 2020 Update: Please note that the Vancouver Military Dinner has been postponed due to the COVID-19 outbreak. They will be monitoring events as they unfold, and will announce a new date once they can. Their online donation portal remains open if you’d still like to participate in supporting…
View MoreParking 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…
View MoreExciting Developments in Spinal Cord Research
At Murphy Battista LLP our primary focus is making sure that our clients get their lives back. In many cases, we are able to achieve this by ensuring that a client is adequately compensated by their insurer. Of course, regardless of the size of a negotiated settlement or court…
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