Let’s Talk: A Primer on Bill M215 (Non-Disclosure Agreements Act) in British Columbia

On March 9, 2023, MLA Sonia Furstenau tabled Bill M215 in the British Columbia Legislature — British Columbia’s first proposed legislation directed at ending the unfair use of non-disclosure agreements (NDAs) in discrimination and harassment cases, including cases involving sexual harassment. As my colleague, Janelle O’Connor, has previously written about…

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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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Civil vs. Criminal Proceedings for Sexual Assault

I am a civil sexual assault lawyer and routinely receive phone calls from sexual assault survivors who are confused about the interplay between the civil and criminal processes for their sexual assault claims. The decision on whether to pursue a civil claim, a criminal proceeding, or both – and the…

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When Worlds Collide: Medical Malpractice Can Lead to Denied Critical Illness Insurance Claims

The purpose of critical illness insurance Critical illness insurance provides peace of mind coverage for someone diagnosed with a serious medical condition. Typical conditions covered by critical illness policies include cancer, heart attack, and stroke, but can also include other conditions such as Alzheimer’s disease or even blindness. Insurance company…

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Punitive damages in the context of a home insurance claim following a residential fire

Case comment on Lambright v. Sonnet Insurance Company, 2022 BCSC 709 In Lambright, Justice Milman considered an award for punitive damages in the context of a home insurance claim following a residential fire. This case highlights the nature of the duty of good faith that insurance companies must fulfill as…

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Class Action Lawsuits

Current Class Action Lawsuits Click on the links below for information on the class action lawsuits where Murphy Battista LLP is counsel or co-counsel. Archdiocese of Vancouver Abuse Class Action Cleroux (Provincial Health Services Authority) Class Action CooperSurgical IVF Class Action First Nations Bands Class Action Force Sterilization and Abortion…

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The Law Show Episode 25: Insurance Fraud and Digital Surveillance

In a recent episode of AM 650’s “The Law Show,” Stephen Gibson and I spent some time discussing fraudulent claims as well as some of the surveillance techniques that ICBC and private insurers use in personal injury litigation. Because these issues are relevant to the general public as well as…

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Privacy Policy

This privacy policy applies to information collected online from users of this website. In this policy, you can learn what kind of information we collect, when and how we might use that information, how we protect the information, and the choices you have with respect to your personal information. What…

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Five things you should know about medical malpractice claims.

After experiencing an incident with a doctor, health practitioner or hospital many people know something is amiss but they are not sure what questions they should be asking their lawyer beyond whether they have a medical malpractice claim. To help put these situations in context here are five questions and…

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Personal Injury Contingency Fee Agreements

What is a Contingency Fee Agreement? A Contingency Fee Agreement (CFA) is a contract between a law firm (or lawyer) and the client in a case where legal fees are payable as a percentage of the amount recovered as damages. Under a CFA, the legal fees are payable only if…

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