October 27, 2014

Kevin Gourlay

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…

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September 17, 2014

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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August 29, 2014

Kevin Gourlay

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…

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August 18, 2014

Mike Murphy

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…

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July 4, 2014

Kevin Gourlay

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…

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June 4, 2014

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

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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April 8, 2014

Kevin Gourlay

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…

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April 2, 2014

Kevin Gourlay

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…

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March 27, 2014

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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