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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Know the Limits: Teen Grad Parties and Social Host Liability

To host or not to host? Arranging gatherings for your teens at home can be riddled with questions. However, in the past decade parents face a much more difficult decision, whether or not to include alcohol among the appetizers. This poses a much larger issue at heart with hosting teen…

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“The Law Show,” Episode Four on AM 650

Click to Watch Episode Four of “The Law Show”. Murphy Battista LLP Founder Joe Murphy, QC and Murphy Battista Partner Scott Stanley recently took to the airwaves for the fourth episode of the AM 650 radio program “The Law Show”. The program airs once a month, on select Sundays at…

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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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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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Disclaimer

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult a lawyer for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Contacting us does not create a lawyer-client relationship.…

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How Social Media can affect your claim

For many of people, it is difficult to remember a time before social media.  Facebook, Youtube and Twitter have changed the way we communicate.  Social media has left its mark on the courtroom.  Below are questions and answers about how the Courts have made use of this new technology. Can…

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The “Successful Party” — Loft v. Nat

The BC Court of Appeal recently clarified that a plaintiff who recovers damages is the “successful party” for the purposes of costs.  There had been a number of trial judgments (Visona v. Stewart, 2013 BCSC 2006, Werner v. Ondrus, 2013 BCSC 1565) that had deprived the plaintiff of costs after receiving…

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Discovery of documents: BCSC highlights the new two-tiered system for document production

Reasons for judgment yesterday from Mr. Justice Kent in Imperial Parking Canada Corporation, v. Anderson, 2014 BCSC 989, giving judicial force to the article he wrote on document production prior to his appointment: Kent “Discovery of Documents Under Supreme Court Civil Rule 7-1: Technical and Evidentiary Conundrums”, 70 Advocate 703, (2012). Justice Kent’s reasons highlight…

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Spinal Cord Injury BC Airport Experience Tour – Let’s Fly

At the beginning of the summer, I was lucky enough to have joined the Spinal Cord Injury BC Airport Experience Tour and felt inspired to write up a blog including some of the things I learned! When travelling with any kind of disability, it’s important to be prepared. With that…

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