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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February 28, 2014

Kevin Gourlay

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 Notes

February 20, 2014

Kevin Gourlay

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 Notes

February 17, 2014

Kevin Gourlay

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. …

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February 11, 2014

Kevin Gourlay

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…

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January 31, 2014

Kevin Gourlay

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…

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January 28, 2014

Kevin Gourlay

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 Notes

March 28, 2013

Joe Murphy

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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