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Archive for the ‘Evidence’ Category

The Importance of Lay Witnesses in Personal Injury Cases
December 18, 2014

The Importance of Lay Witnesses in Personal Injury Cases

The Trial Lawyers of British Columbia recently hosted a full day seminar on Personal Injury Trial Tactics & Tribulations. I had the distinct pleasure of presenting my thoughts on how to identify and develop lay evidence to effectively tell your client’s story at trial. In this blog post, I share a brief summary of my thoughts…

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The Seatbelt Defence -- Lakhani v. Samson
March 25, 2014

The Seatbelt Defence — Lakhani v. Samson

An otherwise blameless plaintiff injured in an accident can be found contributorily negligent for failing to wear a seatbelt.  However, the burden rests with the defendant to establish a seatbelt defence.  As stated by Madam Justice Hyslop in Schenker v. Scott, 2013 BCSC 599, to establish a seatbelt defence a defendant must prove on a balance…

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The Plaintiff's Credibility - Facebook Tactics
March 20, 2014

The Plaintiff’s Credibility – Facebook Tactics

Reasons for judgment today from Madam Justice Griffin following an 11-day trial in J.D. v. Chandra; J.D. v. Collier, 2014 BCSC 466.  The plaintiff was injured in car accidents in 2006 and 2010.  She was 17 at the time of the first accident.  By the time of trial, she was 25 and in her second…

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Information provided in our blog posts is not intended to be legal advice.

The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.