Biography

I obtained my law degree from the University of British Columbia in 1976 and was called to the Bar in 1977. I continued my legal career as in-house counsel with the Office of the Public Guardian and Trustee of British Columbia, which is the part of the Ministry of the Attorney General that looks after the interests of minor children and people with developmental or cognitive challenges. My work in this area made me very aware of how people caught by events beyond their control can easily be overwhelmed by the complexity of the legal system and related bureaucracies.

In 1982 I joined Joe Murphy, K.C. in creating a unique law firm that places a strong emphasis on an individual’s health and rehabilitation and on support for the client and their families in their recovery. We both recognized how crucial it is to develop a proper rehabilitation plan as early as possible to maximize recovery. Joe and I agreed that while good legal representation is very important, a lot of other support is needed along the way if you really want to do the best job possible for a client. Our lawyers understand that every case is unique and we recognize that there is no one-size fits all solution to client challenges. As a result, we built our firm on client-focused principles. Our goal as a law firm is straightforward, we will do whatever we can to help our clients get their lives back in so far as that is possible given their injuries.

I am a frequent presenter on brain injury, mental health, mental competency, and other injury-related topics. I had the fantastic opportunity to present at the World Congress on Brain Injury in Italy in 2001.

In 2009, I had the honour of being appointed Queen’s Counsel (King’s Counsel as of September 8, 2022).

I have frequently spoken to brain injury support groups throughout the Province as a supporter, educator, and advocate for survivors of brain injury. I have presented at the annual Medical/Legal Conference, Trial Lawyers of British Columbia seminars, Continuing Legal Education seminars, the Annual General Meeting of the College of Physicians and Surgeons of British Columbia, Pacific Coast Brain Injury Conference, and numerous other professional conferences and seminars.

I’m an avid soccer fan and a lover of all things “Italian,” including frequent visits to my family home in a small town in southern Italy. I enjoy spending my free time with family and friends, golfing, and riding my motorcycle.

Education

UBC Faculty of Law 1976

Languages

  • Italian
  • French

Professional Associations

  • Member, Trial Lawyers Association of British Columbia
  • Canadian Bar Association

Results

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 where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.

Paul Bosco, Joe Battista, and Austin Paladeau represented Mr. Dunn following serious physical and psychiatric injuries that he sustained in a serious car accident. Mr. Dunn suffered a spiral fracture to the wrist which required multiple surgeries and left him in ongoing pain. He also suffered debilitating depression, anxiety, insomnia, and PTSD. His injuries impacted all aspects of his life, including preventing him from continuing his work as an installer of high-end audio equipment, or doing any physical work in the future, which is what he had experience and training in. ICBC vehemently fought every single aspect of Mr. Dunn’s case. But the Court ultimately accepted Mr. Bosco’s, Mr. Battista’s, and Mr. Paladeau’s arguments, and awarded Mr. Dunn over $830,000, including over $500,000 towards his income earning capacity – over 1.5 times what ICBC offered before trial.

Joe Battista, Q.C. and Paul Bosco represented a pedestrian plaintiff who sustained catastrophic injuries, including a brain injury, after being struck by a drunk driver. The driver had recently left a pub, and made several brief stops, including at his home, before colliding with the plaintiff. The law up to this point was that if a patron makes it to their home, by whatever means, the establishment would no longer be liable for injuries caused by the patron, full stop. The court rejected this proposition, and found the pub partially liable for the plaintiff’s injuries. This decision effectively became the new law in BC on commercial host liability, expanding the responsibility owed by establishments, and creating a more favourable legal landscape for claimants who have been injured by intoxicated patrons.

In the News

Host liability case: Pub found 25% liable for drunk driving accident – Guiseppe (Joe) Battista, QC quoted.

March 17, 2017

Precedent setting BC case finds pub 25% liable for a drunk driving accident that left a pedestrian brain injured. One of our founding partners Joe Battista, QC sums up the significance of the decision in a recent CBC article. “In BC, you owe a duty to patrons not to over…

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Insights

Motorcycle Safety Awareness

May 1, 2019

Motorcycle Safety Awareness

Although any accident has the potential to end in a serious injury, in our experience motorcyclists are particularly prone to being involved in collisions that have catastrophic consequences for the rider. Notably, our anecdotal experience is backed up by hard data. The US non-profit Insurance Institute for Highway Safety (IIHS)…

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Videos

The Law Show: Ep. 43: Pitbulls, Bylaws, and the Power of Attorney

In this episode of the Law Show, Murphy Battista Lawyers, Joe Murphy, Q.C. and Joe Battista, Q.C. discuss the complex legislation around pitbull ownership, and the power of attorney.

The Law Show: Ep. 44: Soft Tissue Claims and ICBC Rate Hikes

In this episode of the Law Show, Murphy Battista LLP partners, Joe Murphy, Q.C. and Joe Battista, Q.C. discuss soft tissue claims and how this can affect you in the long run, as well as ICBC rate hikes.

The Law Show: Ep. 7: Parental Consent, Car Insurance and Teen Drivers, The Value of a Good Homeowner’s Policy, Limits on Damages for Pain and Suffering and the Importance of Capacity and Elderly Parents

Joe Murphy, Q.C. and Joe Battista, Q.C. discuss insurance topics from what parental consent for a school outing means, through considerations for insuring your teen driver to the reasons why you should take time to make sure you have both the proper kind of insurance and a sufficient amount. In…

The Law Show: Ep. 6: Complex Claims and Underinsured Motorist Protection

Joe Murphy, Q.C. and Joe Battista, Q.C. discuss their personal injury law experience and the firm’s focus on complex claims including medical malpractice and brain injury cases. The show also reviews topics including the importance of Underinsured Motorist Protection, issues around negotiated settlements and the fiduciary duty that lawyers owe…

Our goal as a law firm is straightforward, we will do whatever we can to help our clients get their lives back.

Joe Battista, K.C.

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