Brandon joined Murphy Battista in May 2015 after completing his articles with the firm.
Brandon’s litigation experience includes working with senior counsel on several different trials for clients coping with catastrophic injuries including paraplegia and brain injuries.
When I’m able to pass on a piece of good news, like confirming ICBC Part 7 benefits are on the way or that the cost of the physio and massage that is making a client feel better are covered, it’s really rewarding. Although some of these things may seem small in terms of the big picture, you start to see it from a different perspective and you begin to really appreciate how sometimes what seems like a little thing makes a big difference to someone’s quality of life.
Brandon approaches a personal injury claim by first seeking to gain a full understanding of the challenges that a client is facing. The next step is to assess the options available to assist and taking care of the procedural aspects of the personal injury claim process, which may lead to a trial or a negotiated settlement. This work necessarily includes:
- Researching points of law specific to a given case
- Providing advice to clients on the likelihood of success and what they might expect to achieve
- Drafting the documents necessary to start a claim
- Dealing with witnesses and gathering evidence in support of a claim
- Examinations for discovery and representing clients in chambers on applications necessary to move the client’s claim forward
- Trial (if necessary)
- Dealing with negotiating and formalizing settlements or court orders if the matter proceeds to trial
In addition to personal injury claims, Brandon also has experience advising and representing clients on WorkSafeBC matters, chambers applications on wills variation issues and handling default judgments.
Outside of work Brandon enjoys basketball, skiing, and snowboarding.
Click on case names to read a selection of Brandon's decisions*
- Wilton v. Koestlmaier, 2018 BCSC 1257
Joe Murphy, Q.C. and Brandon Souza acted for the executors and estate of the deceased, Maxine Wilton, who altered her Will by completing two codicils. The defendants, the deceased’s grandchildren, were no longer beneficiaries in the Will after the second codicil was made. The grandchildren challenged that codicil claiming suspicious circumstances surrounding the making of the codicil, that the grandmother lacked the testamentary capacity, and that she was subject to undue influence. The grandmother suffered strokes both before and after the codicil which left the grandchildren out of her will. After a five day trial, the court found the codicil valid and that the grandmother knew exactly what she was doing.
- Huang v. Canadian National Railway Company, 2018 BCSC 1235
Stephen Gibson, Scott Stanley, and Brandon Souza acted for the plaintiff who suffered a traumatic brain injury and a spinal cord injury that rendered her an incomplete quadriplegic. The plaintiff, an engineer, was driving across train tracks at a passive crossing when a train collided with the right side of her vehicle. The court found that Canadian National Railway Company was aware of insufficient sight lines and the dangerous nature of the specific railway crossing for many years prior to the accident and took no actions to ameliorate those risks. Despite the Plaintiff’s failure to stop at a stop sign at the railway crossing, Canadian National Railway Company was still found 60% at fault for the accident. The court awarded approximately $3,200,000 in damages.
- Pedestrian (teaching assistant) awarded $1,064,682 for physical and psychological injuries suffered when hit while on a sidewalk.
Chen v. Lam, 2017 BCSC 2073
This case involved physical and psychological injuries sustained by a 49 year-old pedestrian on a sidewalk when a driver lost control while attempting to park, drove onto the sidewalk, and pinned the pedestrian against a wall. The pedestrian required three surgeries and had significant limitations with work as a teaching assistant and day-to-day living. The court awarded $1,064,682.07.
- Court awards $352,000 to professional business woman with significant ongoing neck pain, PTSD, and major depressive disorder after a motor vehicle accident.
Bricker v. Danyk, 2015 BCSC 2404
John Cameron and Brandon Souza acted acted for A.B., a 37-year-old professional resume writer who was injured in a rear-end motor vehicle accident. The accident left her with significant ongoing pain in her neck along with post-traumatic stress disorder and major depressive disorder. Her symptoms limited her ability to work and grow her business as she had prior to the accident. After a 3-week trial, the Court awarded damages totaling $352,000, plus costs. The judgment included damages for the plaintiff’s future lost earning capacity of $170,000. Prior to trial ICBC’s best offer was only half of the compensation which A.B eventually received.
- Millard v. Singleton, 2015 BCSC 1015
This case involved two young girls, who were 15 and 11 at the time of the accident. Both sustained spinal fractures and one was rendered a paraplegic. Both girls were passengers in their mother’s vehicle which was struck by another vehicle that crossed into their lane during a snow storm. The driver that crossed into their lane was found 100% at fault for the accident.
- Larsen v. Moffett, 2015 BCSC 222
Case involving a 44-year-old general contractor who was injured in two rear-end motor vehicle accidents. The accidents left him with significant ongoing pain in his neck and back that limited his ability to work as he had prior to the accidents. After a 5-day trial, the Court awarded damages totalling $468,365, plus costs. The judgment included damages for the plaintiff’s future lost earning capacity of $285,845.
*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 are not necessarily a guarantee or indicative of future results.
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