October 24, 2017

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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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September 19, 2017

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Murphy Battista

Car stolen from dealership involved in three collisions causing injuries – dealership 15% liable; plaintiff not contributorily negligent

In the recent and highly unusual case of Provost v. Bolton, 2017 BCSC 1608, Murphy Battista’s Alex Sayn-Wittgenstein and Paul Bosco represented the plaintiff, Richmond RCMP Corporal Quinn Provost, for injuries sustained when a stolen vehicle hit his cruiser during a high-speed chase. Why the case is important This case…

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May 20, 2016

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Murphy Battista

Laser Hair Removal and Tattoos Don’t Mix

Laser Hair Removal and Tattoos Don’t Mix

A lawsuit involving a painful burn, alleged to have been caused by laser hair removal over a tattoo, has resurrected an issue regarding the lack of regulation of the laser hair removal industry in BC. Read the CBC story HERE Warning for consumers re: laser hair removal Laser hair removal…

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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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Counsel Notes

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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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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