January 21, 2016

Kristina Shelden, Resource Coordinator, PIRC

Top 5 Questions (and Answers) About Getting a Lawyer

How much does the lawyer charge? There are two different ways a lawyer can charge: at an hourly rate – which charges you up front, or by contingency fee agreements. Murphy Battista LLP charges by contingency. Contingency fees and agreements What is contingency you ask? As Irina Kordic, lawyer with…

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January 18, 2016

Keri Grenier

Keri Grenier

INJURYwise: Should you Sue for Personal Injury or Wrongful Death?

If you or a loved one has been seriously injured or killed the decision to sue for personal injury or wrongful death is not always a straight forward yes or no. My latest INJURYwise column for Castanet goes over the pros and cons associated with a decision to take legal…

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November 17, 2015

Keri Grenier

Keri Grenier

INJURYwise: Do you have to go to trial?

INJURYwise is a monthly column that I write on personal injury matters. This month’s column is called Trial Required? “Do I have to go to trial?”  Is a good question, and having recently finished a nine day personal injury trial, it seemed an appropriate topic for my column. The short…

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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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May 15, 2014

Kevin Gourlay

Kevin Gourlay

Jury Trial for Toronto Maple Leaf Cody Franson

Reasons today from Madam Justice Fisher in Franson v. Caldarella, 2014 BCSC 853.  Current Toronto Maple Leaf and former Vancouver Giant was injured in a car accident in 2008.  In this lawsuit, he alleges that the injuries he suffered in that accident delayed his entry into the NHL resulting in significant…

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April 8, 2014

Kevin Gourlay

Kevin Gourlay

Plaintiff Credibility Matters: Unreliable Plaintiff’s Claim Dismissed

Reasons on Monday from a 4-day trial in March, 2012: Fancy v. Gareau, 2014 BCSC 584.  The plaintiff claimed to be injured in a September, 2008, accident.  However, her evidence was wholly inconsistent with forms she had completed for WorkSafeBC regarding a workplace accident she had had some months prior. [84]         At…

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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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December 17, 2013

Jeffrey J. Nieuwenburg

Jeffrey J. Nieuwenburg

Do I need a lawyer? ICBC’s ad campaign…what they don’t tell you.

You may have seen the new ICBC ads in a local paper, at a bus stop or online. ICBC’s new ad campaign suggests that those injured in vehicle accidents should make informed decisions about how to handle an ICBC claim. The ads encourage people to understand their rights. We couldn’t…

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November 18, 2013

Murphy Battista

Personal Injury Law and Functional Capacity Evaluations (FCEs): 5 things you should know

Personal injury litigation and functional capacity evaluations. In the course of personal injury litigation, the plaintiff is often sent for a “Functional Capacity Evaluation” (FCE). Sometimes the plaintiff is referred for an FCE by their own lawyer to provide additional evidence of the extent of impairment, and sometimes they are…

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