October 24, 2017

Murphy Battista

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…

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November 16, 2015

J. Scott Stanley

J. Scott Stanley

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

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…

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August 4, 2015

Kevin Gourlay

Kevin Gourlay

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…

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June 9, 2014

Kevin Gourlay

Kevin Gourlay

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…

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June 6, 2014

Kevin Gourlay

Kevin Gourlay

Discovery of documents: BCSC highlights the new two-tiered system for document production

Reasons for judgment yesterday from Mr. Justice Kent in Imperial Parking Canada Corporation, v. Anderson, 2014 BCSC 989, giving judicial force to the article he wrote on document production prior to his appointment: Kent “Discovery of Documents Under Supreme Court Civil Rule 7-1: Technical and Evidentiary Conundrums”, 70 Advocate 703, (2012). Justice Kent’s reasons highlight…

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Categories

Case Law, Counsel Notes

March 23, 2014

Kevin Gourlay

Kevin Gourlay

The “Successful Party” — Loft v. Nat

The BC Court of Appeal recently clarified that a plaintiff who recovers damages is the “successful party” for the purposes of costs.  There had been a number of trial judgments (Visona v. Stewart, 2013 BCSC 2006, Werner v. Ondrus, 2013 BCSC 1565) that had deprived the plaintiff of costs after receiving…

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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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