Scott Stanley and outside counsel successfully appealed a decision that denied certification of a class action on behalf of ICBC Ratepayers who allege that they were charged an illegal tax which caused their insurance rates to be increased unnecessarily. The appeal reversed the decision of the lower court. The legal team also successfully defended ICBC’s appeal of the decision that certified a class action 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.

Read the full reasons for judgment: Rorison v. Insurance Corporation of British Columbia, 2023 BCCA 474.

You can learn more about the class action on behalf of ICBC Ratepayers and Accident Victims here: ICBC MSP Class Action.

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.

A team of lawyers at Murphy Battista LLP, led by Scott Stanley and John Cameron along with a team from Slater Vecchio LLP were successful in obtaining an order for certification of a class action against the Provincial Health Services Authority (PHSA) on behalf of patients who received procedures at BC Women’s Hospital and Health Centre (BCWH) during 2020 and 2021. The certification order allows the Plaintiff to pursue the following common issues: violation of privacy, vicarious liability, and punitive damages.

The class action arises from the alleged involvement of Brigitte Cleroux, an individual believed to be an unlicensed nurse, in the provision of nursing care to approximately 1,150 patients who attended for gynecological surgical procedures during the specified period.

PHSA sent out letters to all of those in BC that were treated by Cleroux. If people believe they are included in this action, they are encouraged to reach out to Murphy Battista LLP or Slater Vecchio LLP about their experience.

Read the Reasons for Judgement on Certification Application in Massie v. Provincial Health Services Authority, 2023 BCSC 1275.

More information about the class action and contact information can be found here: Cleroux (Provincial Health Services Authority) Class Action.

J. Scott Stanley and Tara Chandler represented the Plaintiff who sustained a spinal cord injury when she was struck by a recreation vehicle on private land.  The defendant denied liability, claimed the Plaintiff and/or her spouse were at fault. The trial judge found the defendant 100% liable and assessed damages at $5,369,670 with liberty to make submissions on further heads of damages including adaptive housing, which was an item that was to be awarded to the Plaintiff.

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

Scott Stanley successfully represented the Plaintiff at trial. The Plaintiff was a cement truck driver who was unable to continue with his career after being involved in a car accident.  The Plaintiff’s damages were assessed at $600,000.

Scott Stanley and Stephen Gibson successfully represented the Plaintiff at trial. The Plaintiff was a lawyer who had the misfortune of being injured in multiple car accidents. The Plaintiff’s damages were assessed at $446,000.

Scott Stanley and Mike Murphy successfully represented the Plaintiff at trial. The Plaintiff was a successful window washer who was struck by a vehicle while working on his ladder, causing him to fall to the ground and sustain a brain injury. The Defendant took the position that the Plaintiff and the strata he was working at were partially at fault for the accident, noting that the Plaintiff and the strata had not followed certain WorkSafeBC guidelines. The Court found the defendant driver to be 100% at fault and assessed the Plaintiff’s damages at $648,000.

Scott Stanley successful represented the Claimant in an arbitration with ICBC. The Claimant was a young chiropractor student from B.C. who was going to school in California. He had a valid B.C. license and was stopped by a police officer who wrongly told him he needed to get a California license. He applied for and obtained a California license even though he did not meet the residency requirements to obtain such a license. He was in a serious car accident in California and the negligent driver did not have enough insurance and the Claimant  needed to rely on his underinsured motor protection (UMP) which he had as a result of holding a B.C. license. ICBC denied his claim saying that the Claimant surrendered his B.C. license (and his UMP coverage) when he obtained the California license. The arbitrator found that he did not surrender his B.C. license and that he was entitled to his $1M of UMP coverage.

The Plaintiffs filed a class action seeking in excess of $900,000,000 from both ICBC and the Province of British Columbia. They alleged a scheme wherein ICBC and the Province illegally charged the costs of physician visits to accident victims which reduced the amount of rehabilitation funds available to persons injured in car accidents and caused ratepayers to pay more for their insurance. ICBC and the Province brought a preliminary application seeking an opportunity to apply to dismiss the claims prior to certification. This application was dismissed and the matter was ordered to proceed to certification.

Paul Bosco and Scott Stanley successfully defeated the appeal of a trial where tenants and a landlord were found liable for significant burn injuries sustained by their client. One of the tenants poured used motor oil on a backyard fire which caused an explosion. The landlord, who happened to be the City of Burnaby, had been warned the tenant had had fires in the past, which was contrary to their own bylaw prohibiting open fires, but did nothing about this. The Court of Appeal, the highest level of Court in BC, accepted Mr. Bosco and Mr. Stanley’s arguments that this scenario could have been reasonably foreseen by both the tenants and the landlord, and that the injured victim was in no way responsible for her injuries. This case explored new areas of the law on landlord and tenant liability, as well as liability following awareness of ongoing hazards, with an outcome that is helpful for people who are injured in BC.

Stephen Gibson and Scott Stanley acted for the plaintiff who had his ICBC claim dismissed as a result of the negligence of another lawyer at another firm. They were successful at trial, and the plaintiff was awarded damages of $175,000 against his former lawyer. Before coming to Stephen and Scott, the plaintiff had consulted with 46 lawyers who all refused to take the case. This is an example of the lawyers at Murphy Battista LLP taking the necessary steps, that other lawyers cannot do or will not take, when it is in best interests of an injured person.

Stephen Gibson, Scott Stanley, and Brandon Souza acted for the plaintiff who suffered a traumatic brain injury and a spinal cord injury that rendered her an incomplete quadriplegic. The plaintiff, an engineer, was driving across train tracks at a passive crossing when a train collided with the right side of her vehicle. The court found that Canadian National Railway Company was aware of insufficient sight lines and the dangerous nature of the specific railway crossing for many years prior to the accident and took no actions to ameliorate those risks. Despite the Plaintiff’s failure to stop at a stop sign at the railway crossing, Canadian National Railway Company was still found 60% at fault for the accident. The court awarded approximately $3,200,000 in damages.

Scott Stanley and Paul Bosco represented a young woman who was the victim of horrible burns following an explosion at a backyard fire pit. The tenant poured a bucket of used motor oil on the fire, causing it to explode. The landlord, who happened to be the City of Burnaby, had been warned the tenant had fires in the past, which was contrary to their own bylaw prohibiting open fires, but did nothing about this. In the course of a month-long jury trial, the court accepted the arguments of Mr. Stanley and Mr. Bosco that (1) a duty of care was owed by the landlord to the victim, a visitor to the premises, (2) it was impossible for the victim to be found at all at fault for the incident and her injuries, and (3) only basic factual questions should be put to the jury for consideration. The jury ultimately awarded the victim a total of $4.56 million.

Scott Stanley and Brandon Souza acted for the plaintiff in this case involved physical and psychological injuries sustained by a 49 year-old pedestrian on a sidewalk when a driver lost control while attempting to park, drove onto the sidewalk, and pinned the pedestrian against a wall. The pedestrian required three surgeries and had significant limitations with work as a teaching assistant and day-to-day living. The court awarded $1,064,682.07.

Scott Stanley was co-counsel in defending a plaintiff against an appeal of a successful judgment of $515,057 which was awarded to the plaintiff for soft tissue injuries and chronic pain. The Defendants challenged the awards for past and future loss of earning capacity arguing these could not be justified on the facts and were not adequately explained in the reasons for judgment by the trial judge. The BC Court of appeal dismissed the appeal and let the judgment stand.

Scott Stanley represented the Plaintiff in this proceeding involved motor vehicle accidents that occurred on March 9, 2010 and December 7, 2013. Liability was admitted for both accidents.

The Plaintiff alleged that she sustained a neck injury which resulted in headaches and dizziness. While the Plaintiff was able to continue with her work for 3 years, she struggled to do so, and eventually stopped working. The Defendants position was that the Plaintiff sustained only minor injuries and was capable of working claiming that her problems were either exaggerated or not related to the accidents.

The Plaintiff’s case went to trial on April 25, 2016 and was heard by a Judge and Jury. The Jury awarded the Plaintiff $373,600 in damages, essentially accepting every claim that was advanced on behalf of the Plaintiff.

Scott Stanley, Brian Brooke and Jeff Nieuwenberg acted for the plaintiff who alleged that the defendant municipality was negligent in its winter maintenance of the road where the accident that injured the plaintiff had occurred. The plaintiff claimed her injuries disabled her from working and most activities of daily living. While the Jury found the parties shared liability it awarded the plaintiff damages of $3,576,600. The Jury also found the plaintiff had failed to mitigate her damages. The plaintiff later appealed and was partly successful in that the BC Court of Appeal set aside the Jury finding that she had failed to mitigate her damages (see: Rhodes v. Surrey (City), 2016 BCSC 1880).

Scott Stanley and Brandon Souza represented two young girls, who were 15 and 11 at the time of the accident. Both sustained spinal fractures and one was rendered a paraplegic. Both girls were passengers in their mother’s vehicle which was struck by another vehicle that crossed into their lane during a snow storm. The driver that crossed into their lane was found 100% at fault for the accident.

Scott Stanley and Mike Murphy represented the Plaintiffs in this case involving mild and moderate brain injuries that the plaintiffs sustained as two passengers when the driver of their vehicle lost control on the highway and crashed into a ditch. The court awarded $943,889.36 and $1,525,404.77, respectively.

Scott Stanley represented the Plaintiff on this appeal from a finding that a Defendant driver was not insured under the insurance policy of a leasing vehicle. The Defendant driver only had a $1 million policy limit with ICBC but the Plaintiff’s damages were $1.6 million. The Plaintiff sought to obtain the additional $600,000 from the insurance policy of the leasing company. The Plaintiff was not successful at trial but succeeded on the appeal.

Scott Stanley and Jeff Nieuwenburg successfully acted for an investor on this appeal. The investor lost substantial sums of money investing in an option trading program with Canaccord. The investor won at trial and Canaccord sought to overturn the verdict but were not successful.

Scott Stanley and Leyna Roenspies successfully acted for the Plaintiff who was injured in a boating accident on Okanagan Lake. The Court found that both operators of the boats were negligent which allowed the Plaintiff to collect damages from each of them.

Scott Stanley and Kevin Gourlay acted for the plaintiff, an emergency room doctor who sustained a concussion when he was rear-ended by a bus. Sadly, he was among the unlucky and statistically small minority of individuals who suffer long-term disabling symptoms as a result of a concussion. That concussion prevented him from being able to return to the practice of medicine.
Result: After a 29-day trial, he received judgment of just under $6,000,000 for damages, primarily resulting from his lost earning capacity as a doctor.

In this appeal, Scott Stanley and Kevin Gourlay acted for two homeowners that were denied coverage by their insurance company, Wawanesa, after their house was destroyed by a furnace explosion. Wawanesa took the position that they were not entitled to coverage because the home had been “vacant” for more than 30 days and because they had not notified Wawanesa of a “material change” in circumstances. The homeowners lost at trial with the trial judge upholding Wawanesa’s denial of coverage. Scott and Kevin took the file over after trial and were successful in having the Court of Appeal reverse the trial judge’s finding on the basis of a 1932 Supreme Court of Canada decision that had not been given to the trial judge.

Scott Stanley and Jeff Nieuwenburg acted for the Plaintiff who lost his life savings during the stock market crash of 2008. The elderly Plaintiff had been investing with Canaccord who allowed him to participate in a highly risky option trading program. The Court found that Canaccord failed to properly screen the Plaintiff for suitability for the options trading program and awarded him $212,000 for his losses.

Scott Stanley successfully acted for the infant plaintiffs who were injured in a serious motor vehicle accident. The Court found that both drivers were negligent which allowed the plaintiffs to collect damages from each of them.

Scott Stanley successfully defended an appeal by the Defendants who were found liable for failing to correctly place warning signs in a construction zone. The Defendants tried to argue that a legal doctrine protected road maintenance contractors such that they cannot be held legally responsible if the driver is partially at fault for causing the accident. The Court refused this argument and accepted Scott’s submission that the presence of some degree of fault by a driver does not prevent a contractor from also being at fault if the roads are poorly maintained. The Court dismissed the Defendants appeal. This is considered one of the leading cases in British Columbia on the doctrine of ordinary care.

Scott Stanley successfully represented the Plaintiff at a jury trial. The Plaintiff was injured in a motor vehicle accident and suffered from severe post traumatic headaches. The Defendant and his insurer denied the severity of the Plaintiff’s symptoms and tried unsuccessfully to challenge the credibility of the Plaintiff who was hard working and who had never missed a day of work before the accident and who tried multiple times to return to work. The Jury awarded the Plaintiff $2,203,719 essentially accepting every aspect of his claim.

Scott Stanley successfully defended an appeal by the Defendants who applied to dismiss a claim prior to trial. The Defendants were unsuccessful at the lower Court and the Court of Appeal upheld this ruling and dismissed the appeal. The proceeding involved a claim against a municipality for failing to properly install speed bumps which contributed to an accident.

Scott Stanley and Kevin Gourlay acted for the Plaintiff in this case involving an emergency room doctor that was injured in a rear-end accident which resulted in a mild traumatic brain injury that prevented him from being able to practice medicine. The trial was scheduled to be heard over 35 days. At issue on this application was whether the Defendants were entitled to have the trial heard by a jury rather than a judge sitting alone. We were successful in arguing that the matter was better decided by a judge sitting alone and the court ordered that the Defendant’s jury notice be struck. While jury trials can be the best method of determining the parties’ respective rights, a 35-day trial on a non-criminal matter would be very rare and difficult to manage.

Scott Stanley successfully represented the Plaintiff who was a hard working waitress who injured her back in a car accident. She was only able to work part time and Scott convinced the Court to compensate her for the days she could not work, including her tips. The total award to the Plaintiff was $332,000.

Scott Stanley and Kevin Gourlay represented the Plaintiff who was injured in a rear-end motor vehicle accident. The Defendant argued that the Plaintiff had cut him off and was responsible for the accident. The Defendant also disputed the magnitude of the Plaintiff’s injuries. The Court found that the Defendant was responsible for the accident as the Plaintiff was established in the lane before being hit by the Defendant. The Defendant simply failed to see what he ought to have seen: the Plaintiff’s vehicle. The Plaintiff’s evidence that he had suffered soft tissue injuries to his shoulder, neck and back was accepted. Damages of just under $50,000 were awarded, including $42,500 for pain and suffering.

Scott Stanley successfully represented the motorcyclist who lost control of his motor cycle when he drove over an uneven sheet of pavement in a construction zone. The Court found that the company responsible for the construction project had negligently placed the signage to warn of the uneven pavement edge and failed to respond to evidence that the signage in place had not been working. It was established at trial that the person responsible for placing the signage had never even bothered to read the required manual in its entirety and that his answers to basic questions “strained his credulity” and which ultimately resulted in the Court finding the company 80% responsible for the accident.

Scott Stanley and Irina Kordic acted for the Plaintiff in this proceeding involving an eye injury that occurred on September 12, 2007. The Plaintiff was helping the Defendant, Destiny Elizabeth Smith, with some renovations on her home and was being assisted by her adult autistic son, Kyle Alexander Keyes. The Plaintiff was not wearing safety glasses; knew the son was autistic; and asked the son to assist him.

The son was holding a board for the Plaintiff and moved unexpectedly while the Plaintiff was about to strike the board with a hammer. This caused the Plaintiff’s hammer to strike another piece of metal which resulted in a metal splinter entering the Plaintiff’s eye and the eventual loss of this eye.

The Plaintiff claimed that the Defendant, Destiny Elizabeth Smith, was liable for permitting her autistic son to work with the Plaintiff and for failing to warn him about the dangers of working with her autistic son.

The case went to trial on May 30, 2011 and was heard by a Judge and Jury. The jury found that the Defendant, Destiny Elizabeth Smith, was 20% liable for the injuries to Mr. Laurie.

Scott Stanley successfully brought an appeal on behalf of the Plaintiff who had her case dismissed at a jury trial conducted by another counsel. The Plaintiff was an elderly lady who fell and injured herself when she stepped on a large crack on a municipal sidewalk. Scott successfully argued that the jury had been given the wrong instruction by the trial judge and the Court of Appeal awarded a new trial.

Scott Stanley and Joe Murphy, Q.C. successfully represented the young Plaintiff at this liability trial. They were successful in convincing the Court to place 25% fault on the other driver even though the Plaintiff was intoxicated and had run a stop sign.

Scott Stanley successfully acted for the estate of a deceased women against her insurance broker. The deceased had been involved in an acrimonious divorce with her husband who lured her to their former home and murdered her before setting fire to the home and committing suicide. The insurance company properly denied the claim on the basis that it does not cover intentional acts. Scott achieved a partial settlement from the insurance company and successfully sued the insurance broker for the balance of $160,000. Scott convinced the Court that the insurance broker should have recommended to the deceased that she change her policy so that she would be protected if her former husband did intentional acts against the property. This case is one of the leading cases in British Columbia dealing with the negligence of insurance brokers.

Scott Stanley and Irina Kordic acted for the plaintiff in this proceeding involving a motor vehicle accident that occurred on October 8, 2003. The Plaintiff was struck from behind by another vehicle and alleged that he sustained a concussion and soft tissue injuries. The Plaintiff alleged that he experienced permanent cognitive and physical symptoms as a result of the injuries he sustained in the accident.

The Defendant denied that the Plaintiff sustained a concussion and further denied that he had any permanent cognitive or physical symptoms as a result of the accident.

The Plaintiff’s case went to trial on April 14, 2009 and was heard by a Judge and Jury.

The Jury awarded the Plaintiff $638,000 damages.

Scott Stanley successfully represented the Plaintiff who was a metal fabricator who injured his neck, back and shoulders in a car accident. Even though he continued to work full time, the Court awarded the Plaintiff $160,000 for lost overtime. The total award to the Plaintiff was $268,000.

Scott Stanley and Joe Murphy, Q.C. successfully represented the Plaintiff at trial. The Plaintiff sustained a concussion which the Defendant and her insurer strongly contested. After several days of evidence and demonstrating the profound nature of the Plaintiff’s difficulties, the Defendant’s insurer agreed to pay the full insurance policy limit of $1,000,000 plus the Plaintiff’s costs. The Defendant’s insurer tried to withhold payment of the $1,000,000 settlement funds until the amount of the costs was sorted out. Scott and Joe successfully obtained an order that the $1,000,000 be paid immediately and obtained a further order that the Defendants pay double costs to the Plaintiff for refusing to accept an early settlement offer from the Plaintiff.

Scott Stanley successfully represented the Plaintiffs who are members of the Canadian rock band Nickelback.  The former managers of the band claimed that they owned the copyright to one of the bands earlier albums.   Scott successfully established that the copyright was owned solely by the members of the band.  This case is one of the leading cases in Canada dealing with the acquisition and perfection of copyrights in a musical work.

Scott Stanley successfully represented the Plaintiff who sued her dentists for providing improper care following the removal of a wisdom tooth.   This is one of the few cases in British Columbia where a dentist has been successfully sued.  At the time of this trial, Scott had only been a lawyer for 2 years.