Biography

I am a lawyer in the firm’s class action practice group, where I act exclusively for plaintiffs. I also act for victims in civil sexual assault cases and have experience handling plaintiff personal injury claims. I have appeared before the BC Provincial Court, the BC Supreme Court, and the BC Court of Appeal.

I was born and raised in Vancouver. I obtained a BA in psychology from the University of British Columbia in 2016 and a JD from the Peter A. Allard School of Law at the University of British Columbia in 2020. I was called to the BC bar in 2021, after completing my articles at Murphy Battista LLP.

While attending law school, I volunteered as an instructor for the Legal Education Outreach Program, a client intake coordinator with Access Pro Bono, and as a student with the UBC Innocence Project, where I had the opportunity to do meaningful work preparing and submitting an application that led to the Project’s first acquittal. I have worked at Murphy Battista LLP since 2017, while obtaining my law degree.

Education

  • Peter A. Allard School of Law, JD, 2020
  • University of British Columbia, BA (Psychology), 2016

Year of Call & Jurisdiction

  • British Columbia, 2021

Publications

  • “A Wrench in the Social Justice Toolbox: Assessing the Constitutional Class Action as a Tool for Addressing Racial Discrimination,” Canadian Class Action Review, Volume 17, Issue 1.

 

Results

Disclaimer: The outcome of every legal proceeding will vary according to the facts and unique circumstances in each individual case. References to successful case results where the lawyers at Murphy Battista LLP have acted for clients are not necessarily a guarantee or indicative of future results.

J. Scott Stanley and Elizabeth Emery successfully argued that the defendant was required to make a sizeable contribution towards the costs of purchasing an adaptive home for the plaintiff. The plaintiff sustained a spinal cord injury and was no longer able to live where she did before her accident. This decision clarified the law and confirmed that the cost of purchasing a home is a proper expense. The plaintiff was awarded $493,000 for the home, bringing her total award up to $5,962,670.36.

Scott Stanley and Elizabeth Emery successfully obtained an order certifying a class action against ICBC on behalf of Accident Victims who allege that ICBC wrongfully took money from their accident benefit accounts and paid this money to the Province of B.C. pursuant to an illegal scheme. Compensation for the Accident Victims and punitive damages were certified as common issues.

Read the Reasons for Judgment in Rorison v. Insurance Corporation of British Columbia, 2022 BCSC 624

Elizabeth Emery acted for the widow of an ICBC claims examiner who had taken his life. Elizabeth was initially successful in obtaining survivor benefits for the widow and her three young children through WorkSafeBC, on the basis that the worker’s suicide was brought about by his employment. The deceased worker had been the primary source of financial support for his family.

The deceased worker’s employer (ICBC) chose to challenge WorkSafeBC’s acceptance of the widow’s claim for survivor benefits, leading to a review before the WorkSafeBC Review Division. The main issue before the Review Division was whether the deceased worker’s employment as a senior claims examiner had aggravated his pre-existing depression, which led to his death. Elizabeth was successful in defeating the employer’s appeal and maintaining survivor benefits for the widow and her children. The Review Division upheld the initial decision of the WorkSafeBC Case Manager, finding that there was evidence of an identifiable series of significant stressors arising out of the worker’s employment and that these stressors were the predominant cause of the aggravation of his pre-existing depression.

The benefits obtained for the widow and her children are worth over $1.5 million.

In the News

Vancouver Sun and Global News cover certification of class action against ICBC on behalf of accident victims

April 27, 2022

The Vancouver Sun and Global News have covered the recent certification of a class action against ICBC and the province on behalf of accident victims. Read the Vancouver Sun coverage here:  Class Action Lawsuit certified against ICBC over benefits to accident victims Global News coverage below.

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Scott Stanley and Elizabeth Emery successfully obtain order certifying a class action against ICBC on behalf of accident victims

April 25, 2022

Scott Stanley and Elizabeth Emery successfully obtained an order certifying a class action against ICBC on behalf of Accident Victims who allege that ICBC wrongfully took money from their accident benefit accounts and paid this money to the Province of B.C. pursuant to an illegal scheme. Compensation for the Accident…

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Insights

Using Constitutional Class Actions to Address Racial Discrimination

August 25, 2021

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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