Biography

In January 1982, Joe Battista and I founded Murphy Battista – two lawyers, two secretaries, and a part-time bookkeeper.  The growth and success of the firm have almost entirely been as a result of doing great work for our clients – who today number in the thousands.

I grew up in Calgary in a LARGE family; I was one of eight children.  My father was a doctor and my mother (before she “retired” to have eight children) was a nursing instructor.  Growing up I learned how to get along with people and how to deal with many different situations.  My father taught my siblings and me that you can only learn if you watch and listen – and this has been invaluable to me as a lawyer.  Not surprisingly, I left home with a lot of medical knowledge.

I came out to Vancouver in 1968 to attend UBC.  After seven years there, I emerged with a Commerce degree and a Law degree.  During the last two years of law school, I worked part-time as an insurance adjuster (for a private pre-ICBC company) and learned how insurance companies operate and how they think.

In 1976 my work as a lawyer began; since then, I have met so many incredible people.  My new clients come in the door as a result of some terrible crisis or disaster, and I am continually amazed at their courage and determination.  I learn a lot from my clients, from their families, and from the people I come in contact with on their cases.

My medical knowledge and my work during law school as an adjuster provided the perfect training for me to do personal injury cases.  My understanding of people and my willingness to watch and listen and learn, has been so important in allowing me to get great results for my client.

In 1999, and in recognition of my court successes, I was awarded the Queen’s Counsel designation given annually by the Attorney General to recognize excellence.  Since starting practice in 1976, I have acted on numerous court cases (British Columbia Supreme Court, British Columbia Court of Appeal, and the Supreme Court of Canada) which have either established or changed the law in British Columbia – for the benefit of my clients.  Some of these court decisions have been referred to hundreds of times by other judges.

Education

  • UBC Faculty of Law, 1975

 

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.

Joe Murphy, Q.C. and Brandon Souza acted for the executors and estate of the deceased, Maxine Wilton, who altered her Will by completing two codicils. The defendants, the deceased’s grandchildren, were no longer beneficiaries in the Will after the second codicil was made. The grandchildren challenged that codicil claiming suspicious circumstances surrounding the making of the codicil, that the grandmother lacked the testamentary capacity, and that she was subject to undue influence. The grandmother suffered strokes both before and after the codicil which left the grandchildren out of her will. After a five day trial, the court found the codicil valid and that the grandmother knew exactly what she was doing.

Joe Murphy, Q.C., Kevin Gourlay, and Mike Murphy acted for the plaintiff who was 16 when he was hit by a young woman who was not paying attention while driving on Halloween night in 2008. He suffered a significant traumatic brain injury. Before the accident, he had been an exceptionally gifted young man. Although he remained intelligent and was attending university, he was plagued by fatigue and cognitive difficulties as a result of the accident that would significantly impact his ability to work as an engineer. The Court assessed damages at $3,297,000, including $3M for loss of future earning capacity.

This was an application regarding costs following a 29-day trial in which the plaintiff had been awarded nearly $6,000,000 in damages following a fall at a night club that had resulted in a mild traumatic brain injury. The court concluded that the plaintiff was entitled to her costs from the defendant insurer despite the insurer not being obligated to indemnify the plaintiff for her losses.

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

Insights

Injuries on School Field Trips – How Can You Avoid Your Child Getting Hurt

October 12, 2018

Injuries on School Field Trips – How Can You Avoid Your Child Getting Hurt

Children love school field trips. They are a chance to get out of the classroom, explore and educate themselves on the world around them, all while enjoying a day with their friends. Often field trips are outdoors and can involve potentially dangerous activities like kayaking, hiking, or swimming, and unfortunately,…

Continue Reading

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…

Continue Reading

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…

Continue Reading

Videos

The Law Show – November 18: Host Liability, Holiday Parties, and Cannabis Legalization

Joe Murphy, Q.C., joined Jim Gordon for the November 18th episode of The Law Show. In this episode they focused their conversation on host liability, specifically when hosting a holiday party. Joe explained a host’s liability (may it be a person, company, or an establishment that serves alcohol) should a…

The Law Show – September 23 2018: Children’s Injuries on School Trips, The Rise of Distracted Driving, and Minor Injury Claim Cap

Joe Murphy, Q.C., a founding partner of Murphy Battista LLP, joined Jim Gordon for the September 23rd episode of The Law Show. They spent part of this episode discussing the possibility of injuries on children’s school trips, including what parents can do to ensure their child isn’t injured while…

The Law Show – July 29 2018: The ICBC Claims Process, Why ICBC Claims are Denied, and the Minor Injury Claim Cap

Joe Murphy, Q.C, a founding partner of Murphy Battista LLP, joined Jim Gordon for the July 29th episode of The Law Show. During this episode, they discuss the process surrounding a personal injury claim, including choosing a lawyer and your lawyer’s role in the claim process. Joe also touched on…

The Law Show: Ep. 45: Distracted Driving and ICBC Rate Increases

On this episode of The Law Show, we speak with one of the founding partners of Murphy Battista LLP, Joe Murphy Q.C. This episode covers distracted driving during a change in weather here in BC, ICBC rate increases, the liability of hosting people over the holidays.

The Law Show: Ep. 43: Pitbulls, Bylaws, and the Power of Attorney

In this episode of the Law Show, Murphy Battista Lawyers, Joe Murphy, Q.C. and Joe Battista, Q.C. discuss the complex legislation around pitbull ownership, and the power of attorney.

The Law Show: Ep. 42: How the Court System Works in BC, Provincial Courts, Settlements & More

On The Law Show, we speak with one of the founding partners of Murphy Battista LLP, Joe Murphy Q.C, and Mike Murphy. This episode covers how the court system works in the province of British Columbia, provincial court, settlement, small claims and BC Supreme Court. We also discuss the court…

The Law Show: Ep. 41: Safety in Summer, Camping to Road Trips, and Liability

On The Law Show, we speak with one of the founding partners of Murphy Battista LLP, Joe Murphy Q.C, and a lawyer in the firm Mike Murphy. This episode covers the importance of safety in summer. From camping to family road trips, water safety and repercussions of distracted driving. We…

The Law Show: Ep. 38: Assisted Death in Canada and the Proposed Legislation

On this episode of The Law Show, Murphy Battista lawyers Joe Murphy, QC, and Bill Dick discuss doctor-assisted death in Canada and the the proposed legislation.

The Law Show: Ep. 37: ICBC Fraud Campaign

On this episode of The Law Show, Murphy Battista lawyers Joe Murphy, QC and Bill Dick discuss the ICBC fraud campaign, and how much we pay in premiums when it comes to fraud around people making claims against ICBC. The show also explores why ICBC hasn’t done something about fraud…

The Law Show: Ep. 36: Protecting Yourself from a Motor Vehicle Lawsuit and Vicarious Liability

On this episode of the Law Show Murphy Battista LLP lawyers Joe Murphy, QC and Jeffrey Nieuwenburg discuss protecting yourself from a motor vehicle lawsuit, vicarious liability, and what to keep in mind when you are looking for insurance to make sure you are adequately covered.

The Law Show: Ep. 35: Negligence, Liability from School Trips, Importance of Having Proper Insurance

On this episode of the Law Show Murphy Battista LLP lawyers Joe Murphy and Jeffery Nieuwenburg discuss negligence, and liability arising out of accidents on school trips, educational benefits vs. risk, and the importance of having proper insurance.

The Law Show: Ep. 34: Anatomy of ICBC Injury Claims, Hiring a Lawyer and Court

On this episode of The Law Show, Murphy Battista LLP lawyers Joe Murphy and Bill Dick discuss the anatomy of an ICBC injury claim, hiring a lawyer, and the importance of a lawyer’s willingness to go to court. Personal injury lawyers, like ours at Murphy Battista LLP, usually offer free…

The Law Show: Ep. 33: Host Liability, Rules Governing Party Season

On this episode of The Law Show, Vancouver-based Murphy Battista lawyers Joe Murphy and Bill Dick discuss host liability and some of the rules governing party season, for both for individuals and companies.

The Law Show: Ep. 32: Wrongful Deaths

On this episode of The Law Show, Vancouver-based Murphy Battista lawyers Joe Murphy and Alex Sayn-Wittgenstein discuss wrongful death, workplace accidents, and when to contact a lawyer.

The Law Show: Ep. 31: Meet Alex Sayn-Wittgenstein, What is the Statute of Limitations, ICBC, Costs

On this episode of The Law Show, Vancouver-based Murphy Battista lawyers Joe Murphy and Alex Sayn-Wittgenstein discuss how sports have lead to a greater understanding of concussions, the statute of limitations and the importance of speaking with a lawyer within a designated time period.

The Law Show: Ep. 11: Brain Injuries in Young Children

Joe Murphy, QC and Stephen Gibson discuss brain injuries with reference to limitation periods in cases involving young children, what kind of information you should bring with you when you go see your lawyer, how Murphy Battista approaches evaluating a case and other types of injuries and what insurance may be available.

The Law Show: Ep. 10: When to Get Legal Advice and What You Need to Know about ICBC Claims Procedures

Joe Murphy, QC and Stephen Gibson discuss issues that arise if a lawyer does both plaintiff’s personal injury and takes on ICBC defence cases. They also outline the circumstances where it is particularly important to get legal advice and representation in an ICBC case. They go on to review reporting, medical authorizations and reports,…

The Law Show: Ep. 7: Parental Consent, Car Insurance and Teen Drivers, The Value of a Good Homeowner’s Policy, Limits on Damages for Pain and Suffering and the Importance of Capacity and Elderly Parents

Joe Murphy, Q.C. and Joe Battista, Q.C. discuss insurance topics from what parental consent for a school outing means, through considerations for insuring your teen driver to the reasons why you should take time to make sure you have both the proper kind of insurance and a sufficient amount. In…

The Law Show: Ep. 6: Complex Claims and Underinsured Motorist Protection

Joe Murphy, Q.C. and Joe Battista, Q.C. discuss their personal injury law experience and the firm’s focus on complex claims including medical malpractice and brain injury cases. The show also reviews topics including the importance of Underinsured Motorist Protection, issues around negotiated settlements and the fiduciary duty that lawyers owe…

The Law Show: Ep. 5: Why Specialists and Trial Ready Lawyers are Critical for Complex Personal Injury Cases

Scott Stanley and Joe Murphy, Q.C. discuss the value of hiring a lawyer that is ready, willing, and able to go to trial; talk about why you should retain a specialist in complex personal injury cases, and explain the importance of retaining a personal injury lawyer that does not also…

The Law Show: Ep. 2: ICBC Claims (Infants and Children)

The Law Show: Ep. 2: ICBC Claims (Infants and Children)
Scott Stanley and Joe Murphy, Q.C. discuss ICBC claims involving children, highlight steps to take immediately following an accident, and explain how to deal with the paperwork that ICBC adjusters ask you to sign.

The Law Show: Ep. 1: Personal Injury Law Myths

The Law Show: Ep. 1: Personal Injury Law Myths
 Scott Stanley and Joe Murphy, Q.C. discuss Murphy Battista LLP’s philosophy and dispel unfair myths surrounding personal injury law and personal injury victims.

The Law Show: Ep. 27: ICBC Insurance: Things to Know

On this episode of The Law Show, Vancouver-based Murphy Battista lawyers Joe Murphy and John Cameron discuss the common things you should know about vehicle insurance, the difference between ICBC and private insurers and the importance of signing up for Underinsured Motorist Protection.

The Law Show: Ep. 28: Homeowner, Life, and Disability Insurance

On this episode of The Law Show, Vancouver-based Murphy Battista lawyers Joe Murphy and John Cameron discuss homeowner and tenant insurance as well as life insurance and disability insurance. The two also take time to discuss and dispel the myths surrounding insurance fraud.

The Law Show: Ep. 44: Soft Tissue Claims and ICBC Rate Hikes

In this episode of the Law Show, Murphy Battista LLP partners, Joe Murphy, Q.C. and Joe Battista, Q.C. discuss soft tissue claims and how this can affect you in the long run, as well as ICBC rate hikes.

Testimonials

user-image
Edward Guest
5

I was recommended Murphy Baptista by a family friend and met with Joe Murphy and Kevin Gourlay for a consultation. From the start I was taken seriously and I felt welcome and understood. After suffering a head injury they were both helpful and patient in gathering information and collating my evidence. Kevin and his team, Viginia and Christine, were outstandingly diligent and I am so very appreciative of their help, guidance, honesty and support in my action.

user-image
Cameron Robitaille
5

Joe Murphy and Scott Stanley are not only great Lawyers they are truly great people. Over the course of my almost 5 year lawsuit I got to know them fairly well and left with the sense that they actually cared about my well being. They aren’t just doing it for the pay check they are actually trying to make people’s lives better. Great to work with and highly recommend.

user-image
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.

user-image
T R
5

Joe and Scott took my head injury case when other lawyers either didn’t know how to proceed or didn’t feel confident moving forward with it. They were thorough, organized, detailed, and knowledgeable. Further, they are both kind and compassionate. Last, but not least, they were SUCCESSFUL. 5/5 stars, look no further.

user-image
Stirling Grassick
5

I was involved in a very serious motor vehicle accident that changed my life significantly. My personal injury case went to trial where I was represented by Kevin Gourlay, Joe Murphy, and Mike Murphy. The result of the trial was far better than I, or my lawyers, had expected. Throughout my rehabilitation, my dealings with ICBC, the preparation for my mediation and trial, and the trial itself, Kevin Gourlay and Joe Murphy displayed incredible knowledge, skill, professionalism, and compassion. They maintained excellent communication, always kept me in the loop, and addressed any questions or concerns that I had. I was able to arrange phone conversations at any time and I always felt that I was a top priority of theirs. I always knew that I was in great hands with Murphy Battista, and that allowed me to maintain considerable peace of mind during what would normally be a stressful and unpleasant process. I could not recommend Murphy Battista enough.

user-image
Debbie Phillips
5

I have nothing but praise and admiration for Stephen Gibson and Joe Murphy at Murphy Battista. Their compassion and knowledge of pediatric head injury was instrumental in helping my son and daughter along their 10 & 11 year paths through rehabilitation, assessments and referrals to professionals. They were there to support and encourage us all along the way and feel more like family friends than legal counsel representing them. Highly recommend them and their staff to anyone looking for a professional and dedicated team.

My understanding of people and my willingness to watch and listen and learn, has been so important in allowing me to get great results for my client.

Joe Murphy, Q.C.

We Are Proven Trial Laywers

meet your legal team

Get Your Life Back

Contact us for a free consultation

  • Disclaimer: The use of the internet or this Form for communication with the firm or its lawyers and staff is not secure and does not establish a lawyer-client relationship. Do not send confidential or time-sensitive information through this Form. If you need to send this type of information please call us first.
Or call us at: 1-888-683-9621