Biography

In 2001, I joined Murphy Battista as an articled student. Prior to joining Murphy Battista, I had studied law at Robson Hall in Winnipeg and at the University of Victoria Faculty of Law, from which I graduated in June, 2000.

While I was at law school, I became fascinated with cases involving traumatic brain injuries.  Throughout my career and my work at Murphy Battista LLP, I have sought these sorts of cases out. As my career has grown, I have also focused on claims involving pub/bar over-service and assault claims.

I seem to take on a lot of cases that other lawyers have already passed on.  I seem to have a knack for finding the right angle to prove what may at first appear to be impossible claims. I believe I have established a proven track record of taking on tough files with complex and devastating injuries, and bringing them to a successful resolution. These cases have included:

  • Pedestrian suffered catastrophic brain injury after being over-served at a bar then struck by a taxi: settlement $5.8 million +.
  • Teenaged girl suffered a catastrophic brain injury when leased vehicle she was riding in was involved in a motor vehicle collision. This case proceeded to the Court of Appeal where we persuaded the Court of Appeal to overrule a decision of the former Chief Justice and then to the Supreme Court of Canada where we were again successful: $7.5 million +.
  • Fatal Accident claim under the Family Compensation Act after married father of two walking along a highway was struck and fatally injured by a fatigued driver who fell asleep behind the wheel: $5 million.
  • Mother rendered a quadriplegic after losing control of her vehicle on black ice. Road Maintenance company responsible for maintaining highways sued in negligence: $3.6 million.
  • Mother with spinal injury after being injured in a mountain biking terrain park during a mountain biking skills camp put on by a private company. Client admitted having signed a waiver prior to event, but the validity of the waiver was challenged: $2.5 million.
  • Veterinarian with knee injuries after collision with transport truck: $2.7 million.
  • Single mother and former ICBC Investigator suffered devastating foot injury after head-on collision at highway speeds. Defendant unsuccessfully argued that our client was at fault for the accident: $2.1 million + settlement.
  • Married father of four sustained a traumatic brain injury and wrist fractures after a young driver turned across his path while he was cycling: settled for full amount of defendant driver’s insurance coverage of $3 million.
  • I have represented clients in a number of claims where pubs, bars and nightclubs were successfully sued, and have obtained multiple settlements ranging in value up to $5.8 million in these cases.
  • I have represented clients who sued a variety of police forces successfully, for risky and unnecessary pursuits and other negligence in the course of duty that caused serious injury and death ranging in value up to $4 million.

The types of cases I tend to focus on are often difficult, complex and fiercely defended by insurance companies who are trying to minimize the monetary damages paid to the injured person. There are three principal keys to success in successful prosecution of these cases:

  1. Ensuring that the injured person and their family get access to the best rehabilitative and medical support that is available, and that this is paid for by ICBC or through other insurance funds. First rate rehabilitation is the best possible foundation for good recovery.
  2. Understanding just what the injured person and their family have lost because of an injury. Sometimes the changes that follow a serious injury are devastating and obvious, and other times they are more subtle. In every case however, the true impact of such an injury can only be fully understood after gathering information from a wide variety of sources, including family members, friends, co-workers, and others.
  3. Accessing the expertise and services of a wealth of the most qualified medical specialists in North America. Obtaining access to a wide range of potential specialists for the injured client ensures that the medical issues, no matter how complex, are covered carefully and thoroughly for presentation at trial.

*Disclaimer: 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.

Education:

  • University of Victoria Faculty of Law, LLB, 2000

Achievements and Memberships:

  • Member of Trial Lawyers Association of British Columbia
  • Member of Association of Trial Lawyers of America.
  • Neil James MacDonald Memorial Prize for highest standing in criminal law and procedure
  • D. A. Thompson, Q.C. Prize for highest standing in torts and compensation systems
  • Archie Micay, Q.C. Prize for third highest standing in first year law
  • Arvay Finlay award for appellate advocacy for the UBC-UVic appellate moot competition

Trial Results

Disclaimer: 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.

Brian Brooke and Jeffrey Nieuwenburg represented a plaintiff, who was 19 at the time, who was injured while riding as a passenger in a friend’s vehicle when the vehicle left the roadway and rolled. She sustained compression fractures to her thoracic vertebrae and a closed head injury. As a result of these injuries, the plaintiff developed a chronic pain condition and was unable to pursue her dreams of becoming a registered nurse. At trial, the defendant was found wholly responsible for the accident. The plaintiff was awarded damages of approximately $1.4 million.

Scott Stanley, Brian Brooke and Jeff Nieuwenberg acted for the the plaintiff who alleged that the defendant municipality was negligent in its winter maintenance of the road where the accident that injured the plaintiff had occurred. The plaintiff claimed her injuries disabled her from working and most activities of daily living. While the Jury found the parties shared liability it awarded the plaintiff damages of $3,576,600. The Jury also found the plaintiff had failed to mitigate her damages. The plaintiff later appealed and was partly successful in that the BC Court of Appeal set aside the Jury finding that she had failed to mitigate her damages (see: Rhodes v. Surrey (City), 2016 BCSC 1880).

Brian Brooke, J. Scott Stanley, and Jeffrey Nieuwenburg were co-counsel for the plaintiff who was awarded $790,000 in damages as compensation for suffering a significant brain injury . The injury was the result of a shove in retaliation for the Plaintiff teasing the Defendant in the aftermath of a bachelor party. The BC court reviewed the law regarding liability in connection with stag parties and in the result awarded the firm’s client $790,000 in damages.

 

Joe Murphy, Q.C. and Brian Brooke acted for a young woman who had sustained a traumatic brain injury.

In the News

Brain injury after bachelor party results in $790,000 damage award

October 5, 2015

The BC court recently reviewed the issue of liability for personal injuries and stag parties including issues of provocation and self-defence. Brian Brooke, Scott Stanley and Jeffrey Nieuwenburg were counsel for the Plaintiff Joshua Robinson who sustained a significant brain injury after being shoved by a prospective bride groom who…

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Insights

The Law Show Episode 27: Different Types of Insurance

July 30, 2015

On a recent episode of the Law Show, John Cameron and I discussed various forms of insurance and some of the issues that arise in relation to different types of policies. John is new to Murphy Battista, but a long-time personal injury lawyer with over 15 years of experience. Prior to becoming a…

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The Law Show Episode 24: Disability insurance – Things you need to know.

April 21, 2015

In this episode of The Law Show I spent some time discussing disability claims and the legal issues that arise when your insurer refuses to honour a disability benefits policy. Lawsuits arising from disability insurance  account for about 10% of the work that we do at Murphy Battista. The loss…

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The Importance of Lay Witnesses in Personal Injury Cases

December 18, 2014

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…

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Testimonials

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Joey Placek
5

I hired Brian Brooke and he kicked-ass, defeated the bad people, and won me the Kentucky Derby. I am grateful for all his hard work, all his team’s dedication, and all the firm’s resources that ultimately, took care of me every step of the way. Thanks to Murphy Battista and especially Brian Brooke! A few other people to note that played important roles during the fight are Paul Bosco, Lynne Praud, and Joanne Forrest. No man can navigate the seas on his own but with Murphy Battista’s support, I made it to shore. Thank you.

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Sam Chapman
5

I had a very good experience with this firm. Brian Brooke represented me in my case and we were able to develop a professional friendship. This helped me immensely through the difficult process. I felt that he completely understood how the assault had changed my life and that he was very knowledgeable with those type of cases. I will certainly refer Brian and this firm to anyone who needs a lawyer. And yes the end result was in our favour!

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Robert Ashforth
5

5/5 Excellent! Brian Brooke guided us through a difficult process. With Joe and Scott in the background you can’t go wrong. We were able to get a great settlement without having to go through a difficult trial. Brian worked tirelessly and always on course. It is difficult to say in a few words how well he took care of us. Also his team was easy to work with. Personal injury is not an easy field in law. This is their specialty and they proved it.

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Bettyanne Brownlee
5

After an accident I was fortunate to have J. Scott Stanley represent me in a civil claim. In every respect it was a successful experience. Since then, I have referred others to Scott/Murphy Battista and I also have had the opportunity to come to know the work of some of their other lawyers including Brian Brooke, Steve Gibson, Dianna Robertson and Alex Sayn-Wittgenstein. I hold Scott, these lawyers, and their firm in the highest esteem. In addition to being exceptionally skilled lawyers, they genuinely care about their clients and are dedicated to achieving the best results available in each and every case. Their dedication to their clients and taking into consideration every aspect of a person’s well-being is shared by their team of accomplished paralegals and other support staff. I encourage anyone who has been involved in accident in BC to contact Scott Stanley or any of the Murphy Battista lawyers.

I have been closely involved in a number of cases which resulted in trial awards or settlements exceeding $5 million dollars. The greatest reward, however, is helping injured people and their families put their lives back together, and ensuring that they have all the resources and assistance possible to help them to do that.

Brian Brooke

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