Plaintiffs Litigation Blog: Counsel Notes
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Accident and Negligence Claims (40)
Back, Neck and Spinal Cord Injuries (15)
Civil Sexual Assault Claims (5)
Critical Illness Insurance (1)
Insurance Broker Negligence (2)
Motor Vehicle Accidents - ICBC Injury Claims (9)
Recreational and Sports Injuries (5)
Residential and Business Loss Insurance Claims (2)
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- Co-ops (1)
- Cycle for Sight (2)
- disability travel (1)
- fighting blindness canada (2)
- Gifts for Good (1)
- Golf for Julia (1)
- Halloween (2)
- Housing Cooperatives (1)
- Limitation Act (1)
- Murphy Battista LLP (3)
- para-badminton (1)
- Personal Injury Law (1)
- Risk Assessment (1)
- SCI (1)
- SCI BC (2)
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- Spinal cord injury (2)
- Stephen Gibson (1)
- Teen (1)
- traveling with medication (1)
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- All
- Alex Sayn-Wittgenstein (2)
- Andrew Brine (2)
- Angela Bespflug (0)
- Bill Dick (4)
- Brandon Souza (4)
- Caitlin Ohama-Darcus (1)
- Irina Kordic (2)
- J. Scott Stanley (16)
- Janelle O’Connor (6)
- Jeffrey J. Nieuwenburg (3)
- Joe Battista (1)
- Joe Murphy (5)
- Keri Grenier (0)
- Kevin Gourlay (47)
- Kevin Hyde (1)
- Kristina Shelden, Resource Coordinator, PIRC (17)
- Kyle Gieni, Resource Coordinator, PIRC (9)
- Matthew Van Nostrand (1)
- Mike Murphy (1)
- Olivia Berumen (0)
- Paul Bosco (4)
- Sean Lynn, Resource Coordinator, PIRC (0)
- Sherman Lam, Resource Coordinator, PIRC (0)
- Tara Chandler (0)
- Valerie Taylor (0)
- Veronica Medved (0)
March 2, 2014
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…
Continue ReadingFebruary 28, 2014
Summary trials and access to justice
Back in January, the Supreme Court of Canada released its decision in Hryniak v. Mauldin, 2014 SCC 7, dealing with the scope and implementation of summary trial procedures – specifically those provided by Ontario’s rules. Madam Justice Karakatsanis, on behalf of the Court, extols the virtues of summary trial procedures…
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Counsel NotesFebruary 20, 2014
The SCC on expert evidence
The Supreme Court of Canada today released reasons in R. v. Sekhon, 2014 SCC 15 regarding the admissibility of expert evidence. The accused crossed the border with 50kg of cocaine in a secret compartment underneath his truck. He claimed he had just been asked to move the truck and had…
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Counsel NotesFebruary 17, 2014
Interprovincial judges? Administering settlement funds in a multi-jurisdictional class action
February 17, 2014 Reasons were issued today from the BCCA regarding the Hep-C class action that was settled 15 years ago for $1.1Bn. Click to read reasons. As part of the settlement, the superior courts of BC, Ontario, and Quebec took a supervisory role for administration of the massive fund. …
Continue ReadingFebruary 11, 2014
Use of statements in clinical records
A decision from early 2013, Kostecki v. Li, 2013 BCSC 2451, was posted recently regarding the use of statements in clinical records. Defence counsel had cross-examined the plaintiff on statements in clinical records she purportedly made to a neurologist and a physiotherapist. The plaintiff denied making the statements and counsel didn’t…
Continue ReadingJanuary 31, 2014
An absence of argument on personal injury damages
Something has gone horribly wrong when a judge finds herself unable to assess damages at the end of a personal injury trial. That was the conundrum faced by Madam Justice Russell in Le v. Point, 2014 BCSC 154, released today: [55] I find myself in the unfortunate position of being…
Continue ReadingJanuary 28, 2014
Counsel Notes: Settling without instructions – don’t
Stories are still told of certain lawyers that used to settle claims in bulk, then go back to their clients and advise them of their good fortune, dividing up the total settlement as the lawyer saw fit. That was supposed to be a thing of the past. Lawyers must have…
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Counsel NotesMarch 28, 2013
Tough Facts Don’t Always Mean an Unwinnable Case: Chow v. Chan
At Murphy Battista LLP, we evaluate cases based on what’s in the best interests of our client and not whether the case is going to be tough to win. We have the legal knowledge and trial experience to manage complex legal issues, medical evidence and personal injury claims. Our track…
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