October 19, 2015

Murphy Battista

Chronic Pain: Family and Friends Matter

Keri Grenier may be new to Murphy Battista LLP’s Kelowna office but she’s been helping injured clients deal with issues like chronic pain for many years. Keri’s latest INJURYwise column, “The Chronic Pain Effect,” addresses the compensation available for injured people suffering from chronic pain and the seeming anomaly that…

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June 9, 2014

Kevin Gourlay

Compartment Syndrome and Rahim Moore

Occasionally we see clients who have developed a rare condition called compartment syndrome after an injury.  Compartment syndrome can develop following seemingly innocuous injuries, e.g. a broken leg, if improperly treated.  The condition can have devastating consequences, including amputation, and is often described by victims as the worst pain imaginable. Sports…

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March 20, 2014

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 3, 2014

Kevin Gourlay

The Importance of corroborative lay evidence

Reasons today from Justice Baird in Glesby v. MacMillan, 2014 BCSC 334, taking a 28-year-old art teacher plaintiff to task for being untruthful. The plaintiff’s credibility issues seem to have stemmed from multiple sources.  She claimed debilitating pain and yet she saw her GP on many occasions without mentioning it.  Her…

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March 2, 2014

Kevin Gourlay

Invisible injuries and the prejudice against chronic pain sufferers

Plaintiffs with “invisible injuries” are almost always faced with Chief Justice McEachern’s comments from over 30 years ago in Price v. Kostryba, 1982 CanLII 36 (BC SC).  There, the learned judge stated that courts “should be exceedingly careful when there is little or no objective evidence of continuing injury and…

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