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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INJURYwise: Do you have to go to trial?

INJURYwise is a monthly column that Keri Grenier writes on personal injury matters. This month’s column is called Trial Required? “Do I have to go to trial?”  Is a good question, and having recently finished a nine day personal injury trial, it seemed an appropriate topic for my column. The…

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The Law Show Episode 24: Disability insurance – Things you need to know.

In this episode of The Law Show Joe Murphy spent some time discussing disability claims and the legal issues that arise when your insurer refuses to honour a disability benefits policy. Lawsuits arising from disability insurance  account for about 10% of the work that we do at Murphy Battista. The…

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Murphy Battista LLP settles sexual abuse case involving Vernon priest.

Bill Dick, Q.C., represented two brothers sexually abused by Father Herbert Bourne while Bourne was a priest in Vernon during the 1970s. The abuse occurred when the brothers were teenagers. Physical, sexual, or emotional abuse inflicted by people in positions of trust or power is extremely damaging. It takes a…

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ICBC promises to “treat you fairly” don’t hold up under scrutiny. John Cameron on CTV News.

The latest ICBC ads claim that the insurance corporation will treat you fairly if you’ve been injured. This was definitely not the case in MMA fighter Jason Day’s experience. After he was hit by a car while he was riding his bike in 2011, ICBC offered him $25,000 as compensation…

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Arlene Westervelt’s Family Launches Estate Litigation Claim in Search of Justice.

Scott Stanley is representing the family of Arlene Westervelt in an estate litigation case against Ms. Westervelt’s husband, Bert Westervelt. The claim is based on the equitable legal concept that people should not profit from their misdeeds, including unlawful or dishonourable acts. The lawsuit alleges that Mr. Westervelt was responsible…

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Alex Sayn-Wittgentstein interviewed by Canadian Lawyer magazine regarding medical bias in malpractice cases.

Alex Sayn-Wittgenstein spoke with Canadian Lawyer’s regarding the potential legal implications of doctors and nurses having stereotypes, biases and presumptions about their patients. Alex discusses, things Canadian Lawyers should look for, the state of case law and any other insight he has for Canadian Lawyers. Read the full article: Medical…

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Using Constitutional Class Actions to Address Racial Discrimination

Elizabeth Emery’s paper, “A Wrench in the Social Justice Toolbox: Assessing the Constitutional Class Action as a Tool for Addressing Racial Discrimination,” was recently published in the Canadian Class Action Review, Volume 17, Issue 1. In this paper, Elizabeth provides an overview of racial profiling by police as a form…

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Government Liability for Sexual Abuse by Foster Parents

Cases involving physical and sexual abuse of children by their foster parents is a devastating reality that I am often exposed to in my law practice. The foster care system is meant to protect vulnerable children from abuse and neglect, yet in some cases it does the opposite – exposing…

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Silencing Survivors in Civil Sexual Assault Settlements

In my civil sexual assault practice, some clients wish to remain anonymous, but most don’t. I have learnt that choosing to speak out about one’s own experience of sexual abuse can be an important and potentially therapeutic form of healing and recovery for survivors. Speaking publicly is important to some…

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