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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September 17, 2014

Kevin Gourlay

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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September 9, 2014

Kevin Gourlay

Kevin Gourlay

Are You of Good Enough Character and Repute to be a Lawyer?

All lawyers have had to proceed through an interview with a Law Society bencher to determine that they are of sufficient good character and repute to become a lawyer.  For most, this is a rubber stamp.  For those with checkered pasts, it can become an issue and require a full…

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Fire Insurance: If Your Tenant Contributes To Insurance, Buy Insurance

If a landlord collects contributions to fire insurance from tenants as part of the lease agreement, the expectation is that fire insurance will be purchased. In reasons released last week, Giddings Holdings Ltd. v. High, 2014 BCSC 1658, an unfortunate landlord failed to insure his building despite the lease including a proportionate…

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September 4, 2014

Kevin Gourlay

Kevin Gourlay

McCollum, Scalia, and The Death Penalty

Canada abolished the death penalty in Canada in 1976, having last executed a person over 50 years ago (1962).  Virtually all of the developed world has done the same.  The famous exception is the United States which continues to execute people, trailing only China, Iran, Iraq, and Saudi Arabia in…

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Counsel Notes

August 29, 2014

Kevin Gourlay

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 5, 2014

Kevin Gourlay

Kevin Gourlay

Expert Reports and the Proper Role of Counsel

In a voir dire during a recent jury trial (available here), Mr. Justice Abrioux criticized the practice of experts appending lengthy appendices, particularly those summarizing voluminous clinical records.  The criticism makes sense in a jury trial; those clinical records would not otherwise be in the jury room so it defies…

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July 11, 2014

Kevin Gourlay

Kevin Gourlay

Over the Top Cost of Future Care Claims

When clients have serious long-term injuries, they are entitled to a lump sum amount to pay for future care.  Justice Dickson said the following in Andrews 35 years ago: Money is a barren substitute for health and personal happiness, but to the extent, within reason, that money can be used to sustain…

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July 4, 2014

Kevin Gourlay

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 14, 2014

Kevin Gourlay

Kevin Gourlay

More Controversy Over Harper’s Judicial Appointments?

The Supreme Court of Canada just went through the undoubtedly uncomfortable fiasco of having to rule on the eligibility of a nominee, the Honourable Marc Nadon.  The 6:1 majority concluded that Justice Nadon, a supernumerary judge of the Federal Court of Appeal, did not meet the criteria of s. 6…

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