Plaintiffs Litigation Blog: Accident and Negligence Claims
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Accident and Negligence Claims (40)
Back, Neck and Spinal Cord Injuries (15)
Civil Sexual Assault Claims (5)
Critical Illness Insurance (1)
Insurance Broker Negligence (2)
Motor Vehicle Accidents - ICBC Injury Claims (9)
Recreational and Sports Injuries (5)
Residential and Business Loss Insurance Claims (2)
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- 32 Auctions (1)
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- BC Laws (1)
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- 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)
- Gifts for Good (1)
- Golf for Julia (1)
- Halloween (2)
- Housing Cooperatives (1)
- Limitation Act (1)
- Murphy Battista LLP (3)
- para-badminton (1)
- Personal Injury Law (1)
- Risk Assessment (1)
- SCI (1)
- SCI BC (2)
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- Spinal cord injury (2)
- Stephen Gibson (1)
- Teen (1)
- traveling with medication (1)
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- wheelchair sports (1)
- All
- Alex Sayn-Wittgenstein (2)
- Andrew Brine (2)
- Angela Bespflug (0)
- Bill Dick (4)
- Brandon Souza (4)
- Caitlin Ohama-Darcus (1)
- Irina Kordic (2)
- J. Scott Stanley (16)
- Janelle O’Connor (6)
- Jeffrey J. Nieuwenburg (3)
- Joe Battista (1)
- Joe Murphy (5)
- Keri Grenier (0)
- Kevin Gourlay (47)
- Kevin Hyde (1)
- Kristina Shelden, Resource Coordinator, PIRC (17)
- Kyle Gieni, Resource Coordinator, PIRC (9)
- Matthew Van Nostrand (1)
- Mike Murphy (1)
- Olivia Berumen (0)
- Paul Bosco (4)
- Sean Lynn, Resource Coordinator, PIRC (0)
- Sherman Lam, Resource Coordinator, PIRC (0)
- Tara Chandler (0)
- Valerie Taylor (0)
- Veronica Medved (0)
October 27, 2014
A Former Quarterback’s Concussion Experience
Kevin Kolb is an NFL quarterback best known for his time with the Philadelphia Eagles and Arizona Cardinals. He is now 30 years old and is not on an NFL roster this year having been released by the Buffalo Bills in March. In a Sports Illustrated story last week, Kolb writes…
Continue ReadingSeptember 17, 2014
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…
Continue ReadingAugust 29, 2014
Scienter and Liability for Your Dog
Reasons for judgment recently from Mr. Justice Joyce in Gallant v. Slootweg, 2014 BCSC 1579, involving a plaintiff who broke his clavicle and multiple ribs after being chased and knocked from his bicycle by the defendant’s dog. In the course of the judgment, the Court reviewed and restated the doctrine of…
Continue ReadingAugust 18, 2014
You have the right insurance, but do you have enough of it?
The Mount Polley mining disaster of August 4, 2014, shows that even sophisticated businesses fail to purchase enough insurance. In that case, the dam holding the tailings pond broke, sending 10 million cubic metres of debris into nearby lakes and streams. The cleanup costs are expected to reach into the…
Continue ReadingJuly 4, 2014
Twitter: Plaintiff’s Credibility and Their Online Persona
More and more often plaintiffs in personal injury claims are cross-examined on their online activities, be it Facebook posts, Instagram photos, Tweets, or a host of other social media sites that are hard to keep up with. The problem is that these sites are generally used to convey a particular…
Continue ReadingJune 4, 2014
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…
Continue ReadingMay 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 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 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…
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