April 5, 2017

Kevin Gourlay

Kevin Gourlay

Distracted driving kills. It’s #Notworthit. Join the Campaign.

As personal injury lawyers we are reminded on a daily basis that distracted driving is a huge problem in our wired world and one that is costing lives. Distracted driving: the statistics and the neuroscience Distracted driving is now responsible for more motor vehicle deaths than drunk driving. The neuroscience…

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August 4, 2015

Kevin Gourlay

Kevin Gourlay

What Is A “Reasonable Offer to Settle” – Kostecki v. Li, 2015 BCSC 1356

Reasons today from Mr. Justice Schultes to deal with costs following a trial where the plaintiff was awarded $49,000. The plaintiff had made two formal offers to settle, the first for $45,000 and the second for $30,000, and was seeking double costs. When considering whether to award a successful plaintiff…

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April 1, 2015

Kevin Gourlay

Kevin Gourlay

Kevin Gourlay Discusses Liability for Stanley Park Causeway Tragedy with CBC Anchor Andrew Chang

I was recently asked to sit down with Andrew Chang of the CBC to discuss the 2013 untimely death of Antonina Elzbieta Skoczylas. Ms. Skoczylas tragically passed away after being struck by a bus while cycling on the Stanley Park causeway. This week it was announced that Ms. Skoczylas’ family…

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October 27, 2014

Kevin Gourlay

Kevin Gourlay

A Former Quarterback’s Concussion Experience

Kevin Kolb is an NFL quarterback best known for his time with the Philadelphia Eagles and Arizona Cardinals.  He is now 30 years old and is not on an NFL roster this year having been released by the Buffalo Bills in March. In a Sports Illustrated story last week, Kolb writes…

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September 17, 2014

Kevin Gourlay

Kevin Gourlay

Road Maintenance Claims — Kelly v. Perth (County)

We frequently act in claims where individuals have suffered injuries as a result of terrible road conditions.  Particularly in this country with our weather conditions, perfection in road maintenance is not the standard but the responsible parties must exercise reasonable care in the performance of their duties. The consequences of…

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September 9, 2014

Kevin Gourlay

Kevin Gourlay

Are You of Good Enough Character and Repute to be a Lawyer?

All lawyers have had to proceed through an interview with a Law Society bencher to determine that they are of sufficient good character and repute to become a lawyer.  For most, this is a rubber stamp.  For those with checkered pasts, it can become an issue and require a full…

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Fire Insurance: If Your Tenant Contributes To Insurance, Buy Insurance

If a landlord collects contributions to fire insurance from tenants as part of the lease agreement, the expectation is that fire insurance will be purchased. In reasons released last week, Giddings Holdings Ltd. v. High, 2014 BCSC 1658, an unfortunate landlord failed to insure his building despite the lease including a proportionate…

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September 4, 2014

Kevin Gourlay

Kevin Gourlay

McCollum, Scalia, and The Death Penalty

Canada abolished the death penalty in Canada in 1976, having last executed a person over 50 years ago (1962).  Virtually all of the developed world has done the same.  The famous exception is the United States which continues to execute people, trailing only China, Iran, Iraq, and Saudi Arabia in…

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Categories

Counsel Notes

August 29, 2014

Kevin Gourlay

Kevin Gourlay

Scienter and Liability for Your Dog

Reasons for judgment recently from Mr. Justice Joyce in Gallant v. Slootweg, 2014 BCSC 1579, involving a plaintiff who broke his clavicle and multiple ribs after being chased and knocked from his bicycle by the defendant’s dog. In the course of the judgment, the Court reviewed and restated the doctrine of…

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August 5, 2014

Kevin Gourlay

Kevin Gourlay

Expert Reports and the Proper Role of Counsel

In a voir dire during a recent jury trial (available here), Mr. Justice Abrioux criticized the practice of experts appending lengthy appendices, particularly those summarizing voluminous clinical records.  The criticism makes sense in a jury trial; those clinical records would not otherwise be in the jury room so it defies…

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