July 11, 2014

Kevin Gourlay

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…

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July 4, 2014

Kevin Gourlay

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…

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June 14, 2014

Kevin Gourlay

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 Notes

June 9, 2014

Kevin Gourlay

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…

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Scandalous 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…

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June 6, 2014

Kevin Gourlay

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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June 4, 2014

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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Counsel Notes

Rambo 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

Seatbelt Defences — Schenker v. Scott

Reasons last week from the BC Court of Appeal re-affirming that for a seatbelt defence to succeed, the defendant must adduce evidence that the seatbelt would have made a difference (though the possibility an inference of causation can be made in particular circumstances is acknowledged): [41]         However, the judge’s conclusion…

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May 22, 2014

Kevin Gourlay

SCC Upholds BCCA on Faskens’ Mandatory Retirement Policy

I recall reading a story years ago (available here) in the New York Times on studies that had showed the party who gets asked more questions by the Court (in that case, the US Supreme Court), typically loses.  Lawyers probably know this intuitively.  If the bench is sitting there quietly…

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