Personal Injury Blog
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Accident and Negligence Claims (45)
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November 2, 2021
Government Liability for Sexual Abuse by Foster Parents
Cases involving physical and sexual abuse of children by their foster parents is a devastating reality that I am often exposed to in my law practice. The foster care system is meant to protect vulnerable children from abuse and neglect, yet in some cases it does the opposite – exposing…
Continue ReadingOctober 21, 2021
Civil vs. Criminal Proceedings for Sexual Assault
I am a civil sexual assault lawyer and routinely receive phone calls from sexual assault survivors who are confused about the interplay between the civil and criminal processes for their sexual assault claims. The decision on whether to pursue a civil claim, a criminal proceeding, or both – and the…
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Civil Sexual Assault ClaimsOctober 18, 2021
When Worlds Collide: Medical Malpractice Can Lead to Denied Critical Illness Insurance Claims
The purpose of critical illness insurance Critical illness insurance provides peace of mind coverage for someone diagnosed with a serious medical condition. Typical conditions covered by critical illness policies include cancer, heart attack, and stroke, but can also include other conditions such as Alzheimer’s disease or even blindness. Insurance company…
Continue ReadingOctober 7, 2021
Homeowner’s Insurance – Did You Get What You Paid For?
Most homeowners know that they need insurance to protect their most important asset – their home. However, most don’t know all the ins-and-outs of insurance. They rely on their insurance broker to help them with the process. This includes determining what kind of coverage they need and what potential gaps…
Continue ReadingSeptember 29, 2021
All Murphy Battista offices will be closed on September 30th to observe the National Day for Truth and Reconciliation
We acknowledge the importance of understanding the history and ongoing trauma caused by residential schools and we honor those who were lost, the survivors, families and communities who continue to grieve and work towards healing. We thank the people who bravely told their stories to the Truth and Reconciliation Commission…
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Firm NewsAugust 25, 2021
Using Constitutional Class Actions to Address Racial Discrimination
Elizabeth Emery’s paper, “A Wrench in the Social Justice Toolbox: Assessing the Constitutional Class Action as a Tool for Addressing Racial Discrimination,” was recently published in the Canadian Class Action Review, Volume 17, Issue 1. In this paper, Elizabeth provides an overview of racial profiling by police as a form…
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Class ActionsJuly 7, 2021
Residential and Business Loss Insurance Claims: What You Need to Know and How a Lawyer can Help
The number one thing to understand about residential and business loss insurance policies is that, as the insured, it is YOUR responsibility to prove your losses. In other words, you should not rely on your insurance company or a contractor to prove your claim. Further, it is up to you…
Continue ReadingJune 14, 2021
Medical Malpractice – Biased Medical Treatment Causing Injury – Part I
When hearing the term “medical malpractice,” many people envision a scene in which a doctor has carried out a surgery in a shoddy manner, a nurse administers the wrong medication, or a radiologist fails to report an ominous sign on a CT scan. Unfortunately, such events do indeed occur in…
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Medical MalpracticeMay 13, 2021
Sexual assault training for judges now mandatory
Significant changes designed to enhance confidence in the criminal justice system among survivors of sexual assault came into force last week. The changes involve amendments to the Judges Act and the Criminal Code and are designed to assist judges in deciding sexual assault cases without the influence of myths and stereotypes.…
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Sexual Abuse and MisconductApril 12, 2021
Vicarious liability of school boards for sexual abuse by teachers: Is the school still out?
The Supreme Court of Canada has recognized that teachers play a key role in society that places them in a direct position of trust and authority towards their students. Teachers have significant power, authority, and control over their students. They have control over almost all aspects of a student’s day,…
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Sexual Abuse