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Archive for the ‘Case Law’ Category

Commercial hosts serving alcohol owe a duty of care to patrons.
Murphy Battista
October 24, 2017

Commercial hosts serving alcohol owe a duty of care to patrons.

This past March, Mr. Justice Kent of the Supreme Court of British Columbia set a new precedent in Widdowson v. Rockwell, 2017 BCSC 385, a summary trial of a commercial host liability claim. Murphy Battista LLP’s Paul Bosco and Joe Battista, Q.C. represented the plaintiff, Stuart Widdowson who was walking home from work in Port…

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Designated drivers now indemnified against injuries caused by a drunk passenger...for now.
November 16, 2015

Designated drivers now indemnified against injuries caused by a drunk passenger…for now.

As we head towards the season of work celebrations and holiday parties the prevalence of designated driver’s is likely to rise. A recent case from the BC Court of Appeal addressed the indemnification of designated drivers and has found that a passenger whose actions cause injury is a “user” of a motor vehicle and, therefore,…

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What Is A "Reasonable Offer to Settle" - Kostecki v. Li, 2015 BCSC 1356
August 4, 2015

What Is A “Reasonable Offer to Settle” – Kostecki v. Li, 2015 BCSC 1356

Reasons today from Mr. Justice Schultes to deal with costs following a trial where the plaintiff was awarded $49,000. The plaintiff had made two formal offers to settle, the first for $45,000 and the second for $30,000, and was seeking double costs. When considering whether to award a successful plaintiff double costs or deny an…

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Scandalous Class Action Settlement Rejected
June 9, 2014

Scandalous Class Action Settlement Rejected

I wrote not long ago about an Ontario judge refusing to approve a class action settlement against legal publisher Thomson Reuters. In that matter, class counsel would be paid $825,000 while the class itself would fork over its intellectual property rights, receiving only a $350,000 fund for public interest litigation in return. Earlier this week,…

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Information provided in our blog posts is not intended to be legal advice.

The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.