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Check out the Scott Venturo LLP ==> Video Spot <== produced for 2012 Calgary International Film Festival
Scott Venturo News
- Scott Venturo LLP welcomes Nolan W. Shouldice to our team! Nolan came to our firm by way of a seconded articling position and has accepted our offer to remain as an associate.
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Our newest addition, Christine M. Smith, has travelled from sea to sea to find herself in Calgary and we are very pleased to have her at the firm.
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We are delighted to welcome the two latest additions to our Scott Venturo family, Perminder Basran and Gillian Hollowisky, both of whom will be practicing in the area of insurance and general litigation.
- We are delighted to welcome Kate Kozowyk and Matt Bancroft as our 2012/2013 articling students! Both Kate and Matt have been summer students at Scott Venturo LLP and we are pleased they will be articling with us.
- Congratulations to Jeff Coape-Arnold on his call to the bar. It is with great pride that we announce that Jeff will remain at our firm as an associate.
- Congratulations to Domenic S. Venturo, Q.C., David Pick and Marney Lutz for being selected as one of the leading practitioners in Canada in the area of Personal Injury for 2012 by The Canadian Legal LEXPERT Directory!
- 2012 brought with it the exciting additions of Kiran K. Birdi and Gillian S. Holowisky to our Scott Venturo team. Welcome ladies!
- Scott Venturo LLP is pleased to welcome our newest associate, Aron Klein!
- We welcome back Christa Milne to our office after being on maternity leave. We know Christa will miss her twins but we are pleased to have her back in the office!
- Congratulations to Laura Bracco-Callaghan on her bar call. We are delighted that she has agreed to remain at Scott Venturo LLP as an associate.
- Welcome aboard to arecent new addition, associate, Celeste Small.
- The Scott Venturo LLP partners wish to welcome Colin McKinnon and Chelsea Batten to the partnership.
- It is with great pride and excitement that Scott Venturo LLP announces Mr. Justice Robert J. Hall, Q.C., is the newest judicial appointment to the Alberta Court of Queen’s Bench.
Mr. Justice Hall joined Singleton Urquhart Scott in 1995, became Managing Partner in 1998 and became a named partner in Scott Venturo LLP in 2000. His main practice area was civil litigation with a focus on insurance defence work. Not only has he left an indelible footprint on our firm but also on his students as a sessional instructor at the University of Calgary in insurance law. Mr. Justice Hall’s remarkable trial skills will stand him in good stead in his new appointment as he continues to make his mark in the legal community. The Scott Venturo LLP family wishes Mr. Justice Hall the very best. We will miss him.
Scott Venturo LLP Legal News
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In Benc v. Parker, 2012 ABCA 249, David Pick, on behalf of the appellant, appeared before the Court of Appeal in a matter that involves the scheduling of a Certified Examination (“CE”), and specifically what happens if the plaintiff or plaintiff’s counsel do not feel that the appointed examiner has made reasonable efforts to schedule the CE within the time allowed under the MIR. The Court of Appeal allowed the appeal and determined that the Chambers Judge was wrong in saying that within 30 days of his appointment the examiner did not make reasonable efforts to try to schedule the CE. The Court of Appeal also determined that the wording of the MIR required that reasonable efforts had to have been made within the first 30 days after the appointment to schedule the CE. The CE itself need not be held in that initial 30 day period. Most importantly, the Court of Appeal determined that even though the MIR does not specifically allow it, defence counsel can either reschedule a new CE or defence counsel can bring an application for a determination of whether the plaintiff had a “reasonable excuse” to avoid going to the first scheduled CE. If the court subsequently determines that no reasonable excuse existed the plaintiff will be deemed by s. 10(3) to have a minor injury. If the plaintiff did not have a reasonable excuse defence counsel can start the CE process all over again.
- Mr. Pick was successfully involved in representing homeowners in a social host liability matter in Wenzel v. Desanti, et al. Mr. Pick's clients (the Grays') 17 year old son had a party in their home in the basement. The Grays stayed home to monitor the party. Alcohol was consumed. Mr. Wenzel was a guest at the party, but Mr. Desanti was not. The guests left the residence and were going home, when a physical altercation between Mr. Wenzel and Mr. Desanti and others occurred on the street near the Grays’ residence. Mr. Desanti, after being involved in the fight, got into his vehicle and either accidently or intentionally hit Mr. Wenzel two times with the vehicle. Mr. Wenzel sued Mr. Desanti for injuries sustained after being struck by the vehicle. Mr. Desanti issued third party proceedings seeking contribution from the Grays on the basis that the Grays would also be liable to compensate Mr. Wenzel as social hosts for the party. The Grays’ application for summary judgment dismissing the third-party notice was granted as the court found no genuine issue for trial. An appeal was dismissed. Wenzel v. Desanti, et al, 2011 ABCA 226. An application by Mr. Desanti for leave to appeal to the Supreme Court of Canada was also dismissed.
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In Allen v. Gray, 2012 ABQB 66, Domenic Venturo, Q.C. and Katrina Edgerton-McGhan were successful in an application for an Order declaring the Plaintiff to be a vexatious plaintiff pursuant to s. 23.2 of the Alberta Judicature Act. As a result, the Plaintiff in that action must seek leave of the court in order take any further steps in such action, any other existing action or to commence any new action.
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In the recent decision of the Court of Queen’s Bench in Chouhan v. Canada Safeway Ltd. and McNeice Landscaping Ltd., 2012 ABQB 7, Marney Lutz successfully defended McNeice Landscaping Ltd, a snow removal contractor who were sued, along with Canada Safeway Ltd. by the Plaintiff who claimed injury when she fell and broke her leg in front of a Safeway store prior to the store opening. The fall occurred when the Plaintiff approached the entrance to the Canada Safeway store while McNeice was in the process of completing snow removal work. The case against McNeice was dismissed, and a finding was made that McNeice performed its work in a reasonable and appropriate manner, and in accordance with its’ contractual obligations. The claim against Canada Safeway was also dismissed.
- In a trial for determination of competing SEF 44 coverages, David Pick was successful in convincing the court that his client’s underinsured endorsement did not apply to the loss at issue.
Olchowy v. Markel Insurance, 2011 ABQB 463
- In June of 2011, David Pick was successful in an appeal of a summary judgment application in a social host liability case. (Mr. Pick won at the QB level and at the Court of Appeal).
Wenzel v. Desanti, et al, 2011 ABCA 226
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Marney Lutz successfully defended her clients in Ngyuen v. Smith by advancing a rare, but in this case effective, defence of inevitable accident, where the Defendant, Christine Smith, while stopped at a red light, experienced a sudden and unexpected loss of consciousness, causing her foot to come off the brake, and her vehicle to roll forward, striking the vehicle in front. The three occupants of that vehicle advanced personal injury claims. The Plaintiff argued that the Defendant was negligent in failing to pull over on a busy 4 lane roadway soon enough, or in failing to choose a more appropriate place to pull off the road. The Defendant, shortly after realizing that she was feeling unwell and light-headed, chose to exit the roadway at a place with which she was familiar, as opposed to what might have been a more expedient exit. The court, in dismissing the Plaintiff’s claim, found that the Defendant had acted in a reasonable fashion, and that she had no reason to anticipate her sudden lack of consciousness, which had never happened prior to the accident, nor had it happened since. The case was dismissed at trial, and no appeal has been filed.
- David M. Pick successfully argued the appeal in the Tavakoli decision on December 10, 2010. The trial judgment was upheld in its entirety. Well done, David! [Tavakoli v. Junghans, 2010 ABCA 391]
- David M. Pick was successful in defeating a personal injury claim that went to trial in February 2010. The Plaintiff claimed chronic pain as a result of a moderate rear end accident and had sought damages in excess of $700,000. The defence put forward by Mr. Pick was that the Plaintiff was fabricating his injuries and was malingering. After a three week trial, Justice Clark, in his December 21, 2009, Reasons for Judgment found that the Plaintiff was not credible, that he was manufacturing his symptoms and was a complete malingerer. Due to these findings, Justice Clark dismissed the claim and awarded the Plaintiff $0. [Tavakoli v. Junghans, 2009 ABQB 756]
Scott Venturo LLP Writes
Scott Venturo LLP Community News
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Scott Venturo LLP Supports Canadian Breast Cancer Foundation
A hole-in-one win at the Scott Venturo LLP sponsored hole at the 2012 Edition of our firm's Golf Tournament resultled in Intact Insurance paying not only the $25,000.00 to the very happy golfer but also giving $5,000.00 to the Canadian Breast Cancer Foundation. We were thrilled to be able to make that presentation at our Calgary International Film Festival event.
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Scott Venturo LLP supports United Way
2012
The Scott Venturo LLP United Way week (November 19 - 23) started on November 1, 2012 with Colin McKinnon, Jeff Coape-Arnold, Matt Bancroft and staff member, Niall Condon all generously agreeing to let their moustache and beard grow until their respective donations reached $500.00. Everyone at Scott Venturo LLP must love beards because many donated $0.50 per day with a top of $100.00 at the end of the United Way week if each participant kept their moustache and beard until November 23, 2012!
2011
Amazing and touching are just some of the words used as we watched Jewel McIlhargey (real estate paralegal) and Sarah Scott (corporate department assistant) shave their heads in support of the United Way and staff members recently diagnosed with cancer! They are shown here with another staff member, Linda Stevens, who knit their toques with pink breast cancer wool.
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Scott Venturo supports 2012 Calgary International Film Festival
Scott Venturo LLP is proud to be a long term sponsor of the Calgary International Film Festival.
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Scott Hall Supports Marathon Quest 250
In lieu of sending Holiday cards for 2010, Scott Venturo LLP was pleased to support Marathon Quest 250. In fact, our partner Don G. Detomasi ran beside Martin Parnell for some of his marathons! Check out this picture of Don and Martin as they head out in -31 degree weather to run Martin's final 2010 Marathon in Cochrane, Alberta. For more information about Marathon Quest 250 see their website at www.marathonquest250.com.
Associations
On August 27, 2009, Scott Venturo LLP became a member of Mackrell International. Mackrell International is one of the world’s major networks of over 60 independent law firms that have more than 100 offices on five continents. Scott Venturo LLP is proud to be associated with this forceful and innovative network of medium-sized law firms in major jurisdictions, dedicated to client satisfaction.
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