September 14, 2016

Murphy Battista

Okanagan Woman Features Keri Grenier’s Insights

Keri Asks: What is a Woman’s Worth? Okanagan Woman features Keri Grenier’s insights on how the courts are determining a woman’s worth in personal injury law cases. In the post, she outlines the “aspects to a woman’s claim that are often unique or tend to play a more prominent role.”…

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May 29, 2015

Bill Dick

Bill Dick

Punitive Damages: A Brief Overview

What are Punitives Damages? I recently presented a paper on this topic for the Trial Lawyers Association of British Columbia entitled “Punitive Damages in Negligence Claims: Practical Considerations.”  I thought it might also be helpful to non-lawyers (including clients) to have an overview of what punitive damages are and how…

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Categories

Damages

April 1, 2015

Kevin Gourlay

Kevin Gourlay

Kevin Gourlay Discusses Liability for Stanley Park Causeway Tragedy with CBC Anchor Andrew Chang

I was recently asked to sit down with Andrew Chang of the CBC to discuss the 2013 untimely death of Antonina Elzbieta Skoczylas. Ms. Skoczylas tragically passed away after being struck by a bus while cycling on the Stanley Park causeway. This week it was announced that Ms. Skoczylas’ family…

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June 4, 2014

Kevin Gourlay

Kevin Gourlay

Bullying nets Wal-Mart punitive damages in Ontario wrongful dismissal case.

The Ontario Court of Appeal recently gave reasons on a wrongful dismissal claim brought against Wal-Mart. The plaintiff, an assistant manager, had essentially been bullied into quitting.  A jury heard the trial and awarded $1,000,000 in punitive damages and hundreds of thousands in aggravated damages and damages for intentional infliction…

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April 25, 2014

Kevin Gourlay

Kevin Gourlay

The Inequity of Double Costs — Wettlaufer v. Air Transat

Rule 9-1 is intended to encourage parties to settle cases.  It does so by giving trial judges the discretion to order penalties in costs against parties that failed to accept reasonable settlement offers.  This generally means that if the plaintiff recovers more than he offered to settle for, he gets…

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January 31, 2014

Kevin Gourlay

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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