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Scott Venturo News
- 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 recent new additions, associate, Celeste Small and articling student, Jeff Coape-Arnold.
- 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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"The application for leave to appeal...is dismissed with costs." On March 29, 2012, David Pick and Celeste Small provided written submissions to the Supreme Court of Canada in response to a leave to appeal application in Michael A. Desanti, AGAT Laboratories Ltd. v. Robert Gray, Sharon Gray (Alta. C.A., July 22, 2011) (34458). The Applicants were Michael Desanti and AGAT Laboratories Ltd. (hereinafter AGAT – the owner of the vehicle). The Respondents were Mr. and Mrs. Gray. One evening the Respondents’ 17 year old son had a party in his parents' 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. Mr. Desanti, after being struck, got back into his vehicle and either accidently or intentionally hit Mr. Wenzel two times with the vehicle. Mr. Wenzel sued Mr. Desanti and AGAT for injuries sustained after being struck by Mr. Desanti’s vehicle. The Applicants issued third party proceedings seeking contribution from Mr. and Mrs. Gray, the Respondents, for the injuries to Mr. Wenzel arising out of this incident under the Alberta Tort-Feasors Act on the basis that the Grays would also be liable to compensate Mr. Wenzel. The Grays’ application for summary judgment dismissing the third-party notice against them was granted on the basis that there was no genuine issue for trial. An appeal was 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.
- 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.
- On December 17, 2010, Laura M. Chant was successful in an application before MacLeod J. to strike a Plaintiff's Statement of Claim on the grounds that it had been commenced against his insurer outside of the limitation period.
- 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 United Way
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.
November 7 - 10 is Scott Venturo's week to raise funds for the United Way. Thanks to all of our staff, lawyers and friends who have donated time, food dishes, auction items and funds to support a very worthy cause.
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Scott Venturo supports 2011 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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