September 19, 2017

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Murphy Battista

Car stolen from dealership involved in three collisions causing injuries – dealership 15% liable; plaintiff not contributorily negligent

In the recent and highly unusual case of Provost v. Bolton, 2017 BCSC 1608, Murphy Battista’s Alex Sayn-Wittgenstein and Paul Bosco represented the plaintiff, Richmond RCMP Corporal Quinn Provost, for injuries sustained when a stolen vehicle hit his cruiser during a high-speed chase. Why the case is important This case…

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September 17, 2014

Kevin Gourlay

Kevin Gourlay

Road Maintenance Claims — Kelly v. Perth (County)

We frequently act in claims where individuals have suffered injuries as a result of terrible road conditions.  Particularly in this country with our weather conditions, perfection in road maintenance is not the standard but the responsible parties must exercise reasonable care in the performance of their duties. The consequences of…

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June 4, 2014

Kevin Gourlay

Kevin Gourlay

Seatbelt 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…

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May 15, 2014

Kevin Gourlay

Kevin Gourlay

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…

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March 27, 2014

Kevin Gourlay

Kevin Gourlay

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…

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March 25, 2014

Kevin Gourlay

Kevin Gourlay

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…

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March 20, 2014

Kevin Gourlay

Kevin Gourlay

The Plaintiff’s Credibility – Facebook Tactics

Reasons for judgment today from Madam Justice Griffin following an 11-day trial in J.D. v. Chandra; J.D. v. Collier, 2014 BCSC 466.  The plaintiff was injured in car accidents in 2006 and 2010.  She was 17 at the time of the first accident.  By the time of trial, she was…

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March 19, 2014

Kevin Gourlay

Kevin Gourlay

Parking 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…

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February 11, 2014

Kevin Gourlay

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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