I was born and raised in North Vancouver. I obtained a BA from SFU in 2010 and a JD from TRU in 2014. I was called to the BC bar in 2015.
I act exclusively for plaintiffs in civil actions and I have successfully run cases in both provincial and supreme court, and I have significant experience with all aspects of litigation.
My focus is on personal injury cases in the areas of motor vehicle accidents, slip-and-falls, animal attacks, and other sources of injury. I have worked on files involving:
- traumatic brain injuries
- catastrophic physical injuries
- chronic pain
- emotional and psychological injuries, and
- significant soft tissue injuries.
Among others, my clients have included infants and elderly claimants.
In addition, I practice in the fields of:
- commercial host liability
- medical malpractice
- dental malpractice
- disability benefit denials
- property insurance denials
- life insurance denials
- police liability
- governmental liability (municipal, provincial, and federal)
- products liability
- wills variations, and
- class actions.
Outside of work, I enjoy spending time with friends and family, biking and hiking, and keeping up with Game of Thrones.
- Thompson Rivers University, JD, 2014
- Simon Fraser University, BA, 2010
- Law Society of British Columbia
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.
John M. Cameron and Paul Bosco acted for Mr. Niessen, who was the sole proprietor of a plumbing-and-heating company. Mr. Niessen sustained significant injuries (head, neck, and lower back) when his vehicle was struck by a vehicle that crossed the centre line of a highway and these injuries affected all areas of his life. The main issue at trial was the degree to which Mr. Niessen’s ability to earn income had suffered as a result of his injuries. ICBC took the position that there was a lack of documented evidence to support this loss. However, the court accepted Mr. Cameron and Mr. Bosco’s arguments that Mr. Niessen’s history of skill and ability in his industry, his business records, and the witness called on his behalf including former co-workers and customers, all were sufficient to prove that a significant loss had occurred. In the end, the Court awarded over $840,000 for this loss of earning potential. Overall, the court awarded Mr. Niessen just over $1.2 million, which was almost triple the amount the insurance company had argued Mr. Niessen deserved.
In QP v. Bolton, Alex Sayn-Wittgenstein and Paul Bosco acted for an RCMP officer who was significantly injured in the course of his duties. The court accepted their arguments that his life was significantly impacted as a result of his injuries, he missed out on earning overtime income, his opportunity for advancement in his career may be limited, and that his wife was entitled to compensation for the care she provided by way of an in trust claim. The court also accepted their argument that he and his employer should be compensated for the time he missed from work, despite having been paid by his employer for this time, finding that it would be unfair to let the wrongdoer benefit from the generosity of the employer.
Scott Stanley and Paul Bosco represented a young woman who was the victim of horrible burns following an explosion at a backyard fire pit. The tenant poured a bucket of used motor oil on the fire, causing it to explode. The landlord, who happened to be the City of Burnaby, had been warned the tenant had fires in the past, which was contrary to their own bylaw prohibiting open fires, but did nothing about this. In the course of a month-long jury trial, the court accepted the arguments of Mr. Stanley and Mr. Bosco that (1) a duty of care was owed by the landlord to the victim, a visitor to the premises, (2) it was impossible for the victim to be found at all at fault for the incident and her injuries, and (3) only basic factual questions should be put to the jury for consideration. The jury ultimately awarded the victim a total of $4.56 million.
Kevin Gourlay and Paul Bosco acted for a 46-year-old tradesman who sustained injuries to his head, neck and back in a head-on collision. The plaintiff also claimed compensation for psychological injuries. He was initially denied benefits by ICBC who said that it was a WCB issue. Having overcome that defence, the plaintiff proceeded to trial and recovered damages of $724,000, including $150,000 for pain and suffering and $400,000 for lost earning capacity.
At issue was whether a car dealership should be found liable for injuries caused by a truck stolen from their car lot. The court accepted that not only was the thief at fault, but the dealership was as well. The evidence established that an employee left the truck unattended with the keys in the ignition, engine running, and doors unlocked for a period of about 40 minutes. Alex Sayn-Wittgenstein and Paul Bosco successfully argued their client was not at all contributorily negligent for having removed his seat belt prior to the collision in anticipation of pursuing the thief on foot.
Joe Battista, Q.C. and Paul Bosco represented a pedestrian plaintiff who sustained catastrophic injuries, including a brain injury, after being struck by a drunk driver. The driver had recently left a pub, and made several brief stops, including at his home, before colliding with the plaintiff. The law up to this point was that if a patron makes it to their home, by whatever means, the establishment would no longer be liable for injuries caused by the patron, full stop. The court rejected this proposition, and found the pub partially liable for the plaintiff’s injuries. This decision effectively became the new law in BC on commercial host liability, expanding the responsibility owed by establishments, and creating a more favourable legal landscape for claimants who have been injured by intoxicated patrons.
Alex Sayn-Wittgenstein and Paul Bosco represented a police officer seriously injured by a truck stolen from the Dueck car dealership lot in Vancouver. Dueck was sued in negligence for having left the truck unattended, with the engine running, doors unlocked, and keys in the ignition. The court dismissed Dueck’s summary trial application in which Dueck argued they should not be found liable for injuries caused by the car thief.
Alex Sayn-Wittgenstein and Paul Bosco represented an 83 year-old plaintiff who sustained life-threatening injuries, including a brain injury and various fractures, when he was struck by a vehicle while standing at a bus stop. ICBC denied liability but court found that the driver’s testimony was “littered with enormous credibility issues.” The driver, who had fled the accident scene, was found fully at fault. The plaintiff was awarded over $800,000 at trial, including $315,000 for pain and suffering, over $400,000 for future care, and $55,000 in-trust for the care provided by his wife during his recovery. Due to the plaintiff’s age and injuries, the case was brought to trial quickly, with the trial judgment being made less than 2 years after the accident.
In the News
Woman burned in backyard fire pit explosion awarded $1.1M
July 3, 2018
Paul Bosco and Scott Stanley acted for a BC woman burned by flames from a fire pit who has been awarded $1.1 million in damages after she sued the hosts for negligence. CBC coverage of the case. French edition of the CBC story.Continue Reading
Host liability case: Pub found 25% liable for drunk driving accident – Guiseppe (Joe) Battista, QC quoted.
March 17, 2017
Precedent setting BC case finds pub 25% liable for a drunk driving accident that left a pedestrian brain injured. One of our founding partners Joe Battista, QC sums up the significance of the decision in a recent CBC article. “In BC, you owe a duty to patrons not to over…Continue Reading
Commercial hosts serving alcohol owe a duty of care to patrons.
October 24, 2017
This past March, Mr. Justice Kent of the Supreme Court of British Columbia set a new precedent in Widdowson v. Rockwell, 2017 BCSC 385, a summary trial of a commercial host liability claim. Murphy Battista LLP’s Paul Bosco and Joe Battista, Q.C. represented the plaintiff, Stuart Widdowson who was walking…Continue Reading
Dog Bites: What you Need to Know About Proving Your Claim
June 9, 2015
Now that the good weather is upon us and people are flocking to the parks and beaches it is inevitable that the interaction between people and dogs will increase. This means a corresponding rise in dog bites. Dog bites can be both traumatic and cause serious injury. In this blog…Continue Reading
Proud to support continuing professional development events for audiologists and speech-language pathologists
September 29, 2014
On October 24-25, 2014 the BC Association of Speech-Language Pathologists and Audiologists (BCASLPA) is holding their annual conference here in Vancouver. The conference provides a venue for audiologists and speech-language pathologists to learn from leading practitioners and researchers in the field present on current topics of interest to members. This…Continue Reading
Joe Battista, Q.C. rises to the ALS Ice Bucket Challenge
September 4, 2014
You may have noticed a certain trend sweeping the internet lately involving ice, buckets, and fully clothed people. In fact, as you’re reading this online right now, there’s no way you haven’t. Joe Battista, Q.C., is not one to shy away from a challenge, and his ice bucket challenge nomination…Continue Reading
Changes to the BC Limitation Act – What They Mean for You
June 17, 2013
On June 1st, 2013, the new Limitation Act came into force in BC. This Act sets out the time limits a person has to make a civil claim, most commonly performed by suing another person or company for money to compensate for a loss. The most significant change in the…Continue Reading
“In Response to… Animal Liability Act, Bill M212,” BarTalk, October 1, 2016.
I can not even begin to express my gratitude towards the hard and dedicated work of Scott Stanley, Paul Bosco and their team. My case was one of the harder cases as I was up against the city of Burnaby. Wit the chances of winning being slim, Scott and Paul did not give up, in fact they worked that much harder to fight for me. Their professionalism, integrity, dedication, and genuine care towards me as a person gave me hope when I had no hope. They were always understanding of my recovery, of my needs, of answering any questions I possibly had to the best of their abilities, and at the same time always had my best intentions in doing what’s best in winning my case. This was quite the complicated case and guess what? After 4 years of hard work endless days and nights, we won against the city. They went ABOVE AND BEYOND for me and I can never ever thank them enough! I keep saying over and over again “I could NOT have asked for a better team to take on this case.” They are my heroes and will forever be a part of my story. If you are looking for a team who is going to work hard to fight for you, this is hands down the team I would HIGHLY recommend to anyone and everyone. <3
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.
Couldn’t be happier with my case with Murphy Battista. Paul took on my MVA case. It was fairly settled. He was always professional, timely and open in his communication. You’re in good hands if you work with him. The team here made the difference so that I could get the treatment I needed, be stress free and fully recover after my accident.
I highly recommend Paul and the team at Murphy Battista.
When my father suffered life threatening injuries which were some of the most severe and traumatic types of injuries a human being could suffer, I called upon Murphy Battista to handle my families case during these traumatic times. Mr. Alex Sayn-Wittgenstein not only acted on behalf of my family handling the ICBC side of things, he also became my friend and treated my mother with a lot of respect and comfort which goes to show the character of this man. Alex, alongside fellow lawyer Paul J Bosco, helped my family receive the correct compensation that i felt was “right” and “just” given the devastating injuries my father suffered. When ICBC tried to downplay the situation and place a monetary value on my fathers life that was not even close to what he needed to survive moving forward, Murphy Battista handled the situation swiftly and dilligently correcting ICBC’s flawed view; and in doing so went to trial and won. The one thing i learned through this whole process is that even though the money during a devastating and traumatic time does matter, Its more about the comfort that is received and knowing that their is winner fighting for you in your corner when your up against the ropes so to speak. A human life is a sacred thing and comes but once because life is short. Therefore, the money families receive for injuries when things like the cost of care in the moment and in the future are on the table make all the difference for your loved one because they add up when elements like physiotherapy, message, and brain and speech therapy are needed like my father needed and still needs to this day. The one lasting impression and memory my family and I will always share with Murphy Battista and specifically Alex Says-Wittgenstein and Paul J Bosco is that these individuals took the time and effort out of their busy lives and busy schedules to make sure that my mother and I felt secure and comfortable in the worst of times. They helped us see the light in a dark place, and i would not only recommend Murphy Battista to anyone and everyone but i would also recommend that if you are faced with a loved one who is fighting for their life with tubes hooked up to their neck, face and body laying in a coma in the ICU of a hospital to call Alex Sayn-Wittgenstein to fight in your corner because he’s a winner and winners always have your back in the end.
When I first met Andrew Brine, I knew I was in good hands. He gave me the ability to focus on healing and also a sense of hope, while he took care of the rest. Paul Bosco and Scott Stanley also helped with my case, and they are all amazing lawyers. They genuinely care about their clients and work together as a team, to help you get what you deserve. I had a different lawyer before I switched to Murphy Battista and I am so glad I did! The amount of work Andrew and his team did in two years, was way more than what my previous lawyer had done in five years. I cannot thank them enough for everything they have done for me. I highly recommend Andrew to anyone who is looking for a lawyer. Thanks once again!!
I act exclusively for plaintiffs in civil actions and I have successfully run cases in both provincial and supreme court.