Search Results for: innocent co insureds not protected nation wide
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…
View MoreFederal Court Certifies Class Action Against Canada on Behalf of Ill and Injured Veterans (Updated)
Updated: For CBC Coverage of this class action see: Judge says lawsuit accusing government of failing to tell eligible veterans about benefits can proceed (more…)
View MoreHomeowner’s Insurance – Did You Get What You Paid For?
Most homeowners know that they need insurance to protect their most important asset – their home. However, most don’t know all the ins-and-outs of insurance. They rely on their insurance broker to help them with the process. This includes determining what kind of coverage they need and what potential gaps…
View MoreThe Law Show – May 26: Motorcycle Safety, Underinsured Motorist Protection, and the New Minor Injury Cap.
Joe Murphy, Q.C., joined Jim Gordon for the May 26th episode of the Law Show. In this episode, they focused part of their discussion on motorcyclist safety. May is Motorcycle Safety Awareness Month, and Joe discussed the risks that come with riding a motorcycle. He noted that often motorcycle…
View MoreGambling Losses Recoverable?
Reasons today on a case where the plaintiff was suing for the $78k she lost at a couple casinos while she was a participant in the voluntary self-exclusion program – people with gambling problems can sign up, have their picture taken, and are supposed to be kept out of the…
View MoreInvisible injuries and the prejudice against chronic pain sufferers
Plaintiffs with “invisible injuries” are almost always faced with Chief Justice McEachern’s comments from over 30 years ago in Price v. Kostryba, 1982 CanLII 36 (BC SC). There, the learned judge stated that courts “should be exceedingly careful when there is little or no objective evidence of continuing injury and…
View MoreSCC Upholds BCCA on Faskens’ Mandatory Retirement Policy
I recall reading a story years ago (available here) in the New York Times on studies that had showed the party who gets asked more questions by the Court (in that case, the US Supreme Court), typically loses. Lawyers probably know this intuitively. If the bench is sitting there quietly…
View MoreScandalous Class Action Settlement Rejected
I wrote not long ago about an Ontario judge refusing to approve a class action settlement against legal publisher Thomson Reuters. In that matter, class counsel would be paid $825,000 while the class itself would fork over its intellectual property rights, receiving only a $350,000 fund for public interest litigation…
View MoreOver the Top Cost of Future Care Claims
When clients have serious long-term injuries, they are entitled to a lump sum amount to pay for future care. Justice Dickson said the following in Andrews 35 years ago: Money is a barren substitute for health and personal happiness, but to the extent, within reason, that money can be used to sustain…
View MoreExpert Reports and the Proper Role of Counsel
In a voir dire during a recent jury trial (available here), Mr. Justice Abrioux criticized the practice of experts appending lengthy appendices, particularly those summarizing voluminous clinical records. The criticism makes sense in a jury trial; those clinical records would not otherwise be in the jury room so it defies…
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