Plaintiffs Litigation Blog: Kevin Gourlay
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- Tara Chandler (0)
- Valerie Taylor (0)
- Veronica Medved (0)
- Murphy Battista (52)
Accident and Negligence Claims (40)
Back, Neck and Spinal Cord Injuries (15)
Civil Sexual Assault Claims (5)
Critical Illness Insurance (1)
Insurance Broker Negligence (2)
Motor Vehicle Accidents - ICBC Injury Claims (9)
Recreational and Sports Injuries (5)
Residential and Business Loss Insurance Claims (2)
- All
- 32 Auctions (1)
- Annual Sponsorships (1)
- BC Laws (1)
- British Columbia (1)
- Civil Claims (1)
- Co-op Housing (1)
- Co-op Membership (1)
- Co-ops (1)
- Cycle for Sight (2)
- disability travel (1)
- fighting blindness canada (2)
- Gifts for Good (1)
- Golf for Julia (1)
- Halloween (2)
- Housing Cooperatives (1)
- Limitation Act (1)
- Murphy Battista LLP (3)
- para-badminton (1)
- Personal Injury Law (1)
- Risk Assessment (1)
- SCI (1)
- SCI BC (2)
- Social Outreach (3)
- Spinal cord injury (2)
- Stephen Gibson (1)
- Teen (1)
- traveling with medication (1)
- Vancouver Sun Run (1)
- wheelchair sports (1)
- All
- Alex Sayn-Wittgenstein (2)
- Andrew Brine (2)
- Angela Bespflug (0)
- Bill Dick (4)
- Brandon Souza (4)
- Caitlin Ohama-Darcus (1)
- Irina Kordic (2)
- J. Scott Stanley (16)
- Janelle O’Connor (6)
- Jeffrey J. Nieuwenburg (3)
- Joe Battista (1)
- Joe Murphy (5)
- Keri Grenier (0)
- Kevin Gourlay (47)
- Kevin Hyde (1)
- Kristina Shelden, Resource Coordinator, PIRC (17)
- Kyle Gieni, Resource Coordinator, PIRC (9)
- Matthew Van Nostrand (1)
- Mike Murphy (1)
- Olivia Berumen (0)
- Paul Bosco (4)
- Sean Lynn, Resource Coordinator, PIRC (0)
- Sherman Lam, Resource Coordinator, PIRC (0)
- Tara Chandler (0)
- Valerie Taylor (0)
- Veronica Medved (0)
March 23, 2014
The “Successful Party” — Loft v. Nat
The BC Court of Appeal recently clarified that a plaintiff who recovers damages is the “successful party” for the purposes of costs. There had been a number of trial judgments (Visona v. Stewart, 2013 BCSC 2006, Werner v. Ondrus, 2013 BCSC 1565) that had deprived the plaintiff of costs after receiving…
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Counsel NotesMarch 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…
Continue ReadingMarch 19, 2014
Thomson Reuters Class Action Settlement Disapproval
In an interesting decision out of Ontario a couple weeks ago, the Court refused to approve settlement of a class action against legal publisher Thomson Reuters: Waldman v. Thomson Reuters Canada Limited, 2014 ONSC 1288. Thomson Reuters runs Carswell which has a database called Litigator. Litigator compiles court documents (factums, pleadings,…
Continue ReadingParking lots aren’t places of safety; future care claims
The Court of Appeal released reasons today in Russell v. Parks, 2014 BCCA 104, overturning the trial judge’s apportionment of liability and awarding future care costs that had been refused. The plaintiff was hit by the defendant’s vehicle in a Cranbrook strip mall parking lot. He had stepped over a small…
Continue ReadingDespising a client “sometimes” good enough to get off the record?
I recently came across an unusual decision (R. v. Gregory Goodridge, 2011 ONSC 7556) where counsel was applying for costs payable by a trial judge who had refused his application to get off the record at the start of a criminal trial for threatening bodily harm. I wasn’t able to…
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Counsel NotesMarch 18, 2014
Liability waivers in commercial recreational sports
CBC Marketplace recently ran a segment on liability waivers in commercial recreational sports. Click to view a written version of the show. In the course of the segment, they speak to a former client of mine who was injured in a zip lining accident where the zipline outfit was clearly…
Continue ReadingMarch 7, 2014
Gambling Losses Recoverable?
Reasons today on a case where the plaintiff was suing for the $78k she lost at a couple casinos while she was a participant in the voluntary self-exclusion program – people with gambling problems can sign up, have their picture taken, and are supposed to be kept out of the…
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Counsel NotesMarch 4, 2014
What’s Wrong in Ontario?
R. v. Cook, 2014 ONCA 170, a criminal case out of the Ontario Court of Appeal this week, is interesting for a civil litigator only insofar as its underlying facts. The applicant was a Peel Regional Police officer who “unwittingly intercepted a RCMP-controlled delivery of imitation cocaine.” Presumably believing it to be real…
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Counsel NotesAmending pleadings: disputed lottery winnings
There seem to be more and more claims arising from disputed lottery winnings. The classic is Justice Quinn’s decision in Miller v. Carley, 2009 CanLII 39065 (Ont. S.C.), with the great opening lines: After a busy day conducting illegal drug transactions, the plaintiff, the defendant and a mutual friend stopped…
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Counsel NotesMarch 3, 2014
The Importance of corroborative lay evidence
Reasons today from Justice Baird in Glesby v. MacMillan, 2014 BCSC 334, taking a 28-year-old art teacher plaintiff to task for being untruthful. The plaintiff’s credibility issues seem to have stemmed from multiple sources. She claimed debilitating pain and yet she saw her GP on many occasions without mentioning it. Her…
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