Personal Injury Blog
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April 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 AbuseMarch 30, 2021
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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Medical MalpracticeMarch 10, 2021
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…
Continue ReadingAugust 31, 2020
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 ActionsJune 17, 2020
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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Medical MalpracticeJune 9, 2020
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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Medical MalpracticeJune 4, 2020
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…
Continue ReadingMay 28, 2020
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…
Continue ReadingMay 19, 2020
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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Government ClaimsMay 8, 2020
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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