Plaintiffs Litigation Blog
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Accident and Negligence Claims (36)
Back, Neck and Spinal Cord Injuries (9)
Civil Sexual Assault Claims (4)
Critical Illness Insurance (1)
Insurance Broker Negligence (2)
Motor Vehicle Accidents - ICBC Injury Claims (7)
Recreational and Sports Injuries (5)
Residential and Business Loss Insurance Claims (2)
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- para-badminton (1)
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- Alex Sayn-Wittgenstein (2)
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- Irina Kordic (2)
- J. Scott Stanley (12)
- Janelle O’Connor (6)
- Jeffrey J. Nieuwenburg (3)
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- Joe Murphy (5)
- Keri Grenier (0)
- Kevin Gourlay (47)
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- Kristina Shelden, Resource Coordinator, PIRC (8)
- Kyle Gieni, Resource Coordinator, PIRC (5)
- Matthew Van Nostrand (1)
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- Paul Bosco (4)
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July 11, 2014
Over the Top Cost of Future Care Claims
When clients have serious long-term injuries, they are entitled to a lump sum amount to pay for future care. Justice Dickson said the following in Andrews 35 years ago: Money is a barren substitute for health and personal happiness, but to the extent, within reason, that money can be used to sustain…
Continue ReadingJuly 4, 2014
Twitter: Plaintiff’s Credibility and Their Online Persona
More and more often plaintiffs in personal injury claims are cross-examined on their online activities, be it Facebook posts, Instagram photos, Tweets, or a host of other social media sites that are hard to keep up with. The problem is that these sites are generally used to convey a particular…
Continue ReadingJuly 3, 2014
Head injury? Always consult a lawyer
It is generally in your best interest to get legal advice when you’ve been injured in a car accident. In two recent episodes of AM 650’s The Law Show we discussed situations and types of injuries where it’s particularly important to consult a lawyer before making decisions about how to…
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Brain and Head InjuriesJune 23, 2014
Brain Injury: The Importance of Community Rehabilitation – A Conference Recap
Murphy Battista had the honor of being a sponsor for the annual Pushor Mitchell LLP Okanagan Conference on Brain Injury. This year’s conference was titled “Living Well: The Importance of Community Rehabiliation After Brain Injury.” “Living Well: The Importance of Community Rehabilitation After Brain Injury” – See more at: ;
Continue ReadingJune 14, 2014
More Controversy Over Harper’s Judicial Appointments?
The Supreme Court of Canada just went through the undoubtedly uncomfortable fiasco of having to rule on the eligibility of a nominee, the Honourable Marc Nadon. The 6:1 majority concluded that Justice Nadon, a supernumerary judge of the Federal Court of Appeal, did not meet the criteria of s. 6…
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Counsel NotesJune 9, 2014
Compartment Syndrome and Rahim Moore
Occasionally we see clients who have developed a rare condition called compartment syndrome after an injury. Compartment syndrome can develop following seemingly innocuous injuries, e.g. a broken leg, if improperly treated. The condition can have devastating consequences, including amputation, and is often described by victims as the worst pain imaginable. Sports…
Continue ReadingScandalous Class Action Settlement Rejected
I wrote not long ago about an Ontario judge refusing to approve a class action settlement against legal publisher Thomson Reuters. In that matter, class counsel would be paid $825,000 while the class itself would fork over its intellectual property rights, receiving only a $350,000 fund for public interest litigation…
Continue ReadingJune 6, 2014
Discovery of documents: BCSC highlights the new two-tiered system for document production
Reasons for judgment yesterday from Mr. Justice Kent in Imperial Parking Canada Corporation, v. Anderson, 2014 BCSC 989, giving judicial force to the article he wrote on document production prior to his appointment: Kent “Discovery of Documents Under Supreme Court Civil Rule 7-1: Technical and Evidentiary Conundrums”, 70 Advocate 703, (2012). Justice Kent’s reasons highlight…
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Counsel NotesJune 4, 2014
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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Counsel NotesRambo gets no respect from the judiciary
As most locals know, the first Rambo movie, First Blood, was filmed in and around Hope, BC. Reasons on Monday from Justice Harvey who apparently is not a Rambo fan (at least not the latter entries): [1] In the years leading up to 2010, the District of Hope (the “District”) decided that…
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Counsel Notes