April 12, 2021

Janelle O’Connor

Janelle O’Connor

Vicarious Liability of School Boards for Sexual Abuse by Teachers: Is the School Still Out?

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

March 30, 2021

J. Scott Stanley

J. Scott Stanley

Doctors do make mistakes. Whether that amounts to medical malpractice depends on the facts.

Doctors do make mistakes. Whether that amounts to medical malpractice depends on the facts.

I have represented clients in medical malpractice cases for 25 years. During that time, I have made some interesting observations. As Canadians, we are fortunate to have many excellent and dedicated doctors to care for us. Medicine is very complex. It is expected that a doctor’s first thoughts about a…

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March 10, 2021

J. Scott Stanley

J. Scott Stanley

Disability claim denied? Consult a lawyer before you walk away.

Disability claim denied? Consult a lawyer before you walk away.

I have seen insurance companies do many terrible things to people over my 25 years as a lawyer. The cruellest thing I have seen is when a disability insurer wrongly denies a claim. It is absolutely heart-wrenching to learn that a hard-working person has paid their premiums only to have…

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August 31, 2020

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Murphy Battista

Affected by the Canada Revenue Agency privacy breach? Join the class action.

Affected by the Canada Revenue Agency privacy breach? Join the class action.

Murphy Battista LLP has filed a proposed class proceeding related to the unauthorized disclosure to a third party of the personal and financial information of thousands of Canadians from their online accounts with the Government of Canada Branded Credential Service (“GCKey”) and the Canada Revenue Agency (“CRA”). The information was…

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Class Actions

June 17, 2020

Andrew Brine

Andrew Brine

Medical malpractice. A new standard in the standard of care?

Medical malpractice. A new standard in the standard of care?

A recent decision by the Ontario Court of Appeal may be a game-changer in medical malpractice claims – and not to the benefit of plaintiffs. In medical malpractice cases, one of the most hotly contested elements the plaintiff needs to prove is often whether the doctor’s or nurse’s care fell…

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June 9, 2020

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Murphy Battista

Medical malpractice disguised

Medical malpractice disguised

Medical malpractice occurs when a doctor fails to provide proper medical care to the standards expected of their profession and as a result causes injury to a patient. When an injury occurs, that could have been prevented the injured patient is legally entitled to seek compensation. Many patients do not…

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Injured in a boating accident?

Injured in a boating accident?

Boating accidents are unfortunately quite common in the Okanagan. As the temperatures skyrocket, so do the number of boats on the lake, which increases the risk of an accident. If you’ve been injured in a boating accident, you may be wondering if it is possible to pursue compensation similar to…

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May 28, 2020

Bill Dick

Bill Dick

Horseback Riding and Trail Ride Injuries

Horseback Riding and Trail Ride Injuries

There are many businesses located throughout B.C. that offer recreational horseback trail rides. In most cases, a guide will provide some basic instruction on how to ride and then take a group of people on a leisurely ride along trails in the wilderness. On most occasions, the ride is uneventful…

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May 19, 2020

J. Scott Stanley

J. Scott Stanley

Claims against the Ministry of Children and Family Development

Claims against the Ministry of Children and Family Development

In 2019, the Spotlight: Child Welfare collaborative journalism project published a report revealing that the B.C. Ministry of Children and Family Development (MCFD) was failing to meet the basic requirements for children in their care. The MCFD looks after about 6,500 children.  In about 40% of these cases, the MCFD…

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May 8, 2020

Kevin Hyde

Kevin Hyde

Recreational and Sports Injuries Caused by Someone’s Negligence

Recreational and Sports Injuries Caused by Someone’s Negligence

Every year an increasing number of Canadians participate in amateur recreational sports. In doing so, these participants, both children and adults, are assuming the inevitable risk of injury that comes with most sports. The question then arises: what are the legal rights of participants in sports when they are injured,…

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