Search Results for: innocent co insureds not protected nation wide
Class action challenges Canada’s discriminatory Indigenous child welfare system
Recently, the Federal Court of Canada certified a class action lawsuit against the federal government on behalf of off-reserve Indigenous children who were removed from their families and forced into non-Indigenous foster care between 1992 and 2019. The class action seeks various damages, restitution, and recovery of specific costs on…
View MoreMillion Dollar Baby: Travel Insurance Gone Wrong
I was recently approached to comment on a story that has captivated online audiences. The story is fairly simple. Jennifer Huculak and her husband left for a Hawaiian vacation in October of 2013. At the time, Jennifer was 24 weeks pregnant. Planning ahead, the couple purchased travel insurance for…
View MoreAfter a criminal conviction for sexual assault, many clients turn to Murphy Battista to pursue civil litigation to seek restitution
Murphy Battista Represents Woman Suing Former B.C. City Councillor Convicted of Sexually Assaulting Her When She Was a Teenager (more…)
View MoreTough Facts Don’t Always Mean an Unwinnable Case: Chow v. Chan
At Murphy Battista LLP, we evaluate cases based on what’s in the best interests of our client and not whether the case is going to be tough to win. We have the legal knowledge and trial experience to manage complex legal issues, medical evidence and personal injury claims. Our track…
View MoreInfant Insurance Claims – Deadlines for accident benefits are shorter than limitation periods on claims for damages where children are concerned
When pursuing an insurance claim, it is important to stay aware of any deadlines that could seriously hamper your ability to receive fair compensation. At times, these deadlines can be difficult for an injured party to navigate. This is particularly true in cases where a child has been injured in…
View MoreChanges to the BC Limitation Act – What They Mean for You
On June 1st, 2013, the new Limitation Act came into force in BC. This Act sets out the time limits a person has to make a civil claim, most commonly performed by suing another person or company for money to compensate for a loss. The most significant change in the…
View MoreDespising a client “sometimes” good enough to get off the record?
I recently came across an unusual decision (R. v. Gregory Goodridge, 2011 ONSC 7556) where counsel was applying for costs payable by a trial judge who had refused his application to get off the record at the start of a criminal trial for threatening bodily harm. I wasn’t able to…
View MoreParking lots aren’t places of safety; future care claims
The Court of Appeal released reasons today in Russell v. Parks, 2014 BCCA 104, overturning the trial judge’s apportionment of liability and awarding future care costs that had been refused. The plaintiff was hit by the defendant’s vehicle in a Cranbrook strip mall parking lot. He had stepped over a small…
View MoreThe Supreme Court of Canada Refuses Justice Nadon’s Appointment
Reasons on Friday from the SCC concluding that Harper’s most recent appointment, the Honourable Marc Nadon, was not qualified to join their ranks as he did not meet the criteria of s. 6 of the Supreme Court Act. Had the government inadvertently made an appointment that did not comply with the…
View MoreThe Seatbelt Defence — Lakhani v. Samson
An otherwise blameless plaintiff injured in an accident can be found contributorily negligent for failing to wear a seatbelt. However, the burden rests with the defendant to establish a seatbelt defence. As stated by Madam Justice Hyslop in Schenker v. Scott, 2013 BCSC 599, to establish a seatbelt defence a defendant…
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