Category Archives: Uncategorized

B.C. Supreme Court confirms that an “occurrence based” policy will ordinarily be triggered by the event of loss, rather than the allegedly negligent act that caused it.

Generally speaking, occurrence based policies provide coverage for occurrences that happen within the policy period regardless of when a claim … Read more

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Performance Management Pitfalls and How To Avoid Them

While it is trite to say that an employer is able to terminate an employee’s employment, it can only do … Read more

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The BC Supreme Court publishes first set of reasons granting leave to appeal from a Strata decision of the Civil Resolution Tribunal

Introduction In The Owners, Strata Plan BCS 1721 v. Watson, 2017 BCSC 763 (“Watson”), Mr. Justice Kent of the BC … Read more

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Special Costs Imposed for Insurer’s Failure to Provide Disability Benefits Tanious v. the Empire Life Insurance Company, 2017 BCSC 85

In Tanious v. the Empire Life Insurance Company, 2017 BCSC 85 the BC Supreme Court has further clarified the circumstances … Read more

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Municipal Liability: section 736 of the Local Government Act is not a statutory limitation period

Anonson v. North Vancouver (City), 2017 BCCA 205 In an update to our briefing note last year[1], the Court of … Read more

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The British Columbia Court of Appeal (BCCA) draws bright line test on special costs – pre litigation conduct cannot be considered.

Mr. Justice Goepel very recently provided reasons in Smithies Holdings Inc. v. RCV Holdings Ltd.[1] [Smithies]. This was an appeal … Read more

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We’re just not that into you – how to terminate a probationary employee – Ly v. Interior Health Authority

The concept of “probation” in an employment contract is often taken for granted. The mistaken assumption is that, during the … Read more

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Civil Resolution Tribunal

With the anticipated expansion of the Civil Resolution Tribunal (“CRT”) this year to small claim disputes, it is important for … Read more

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“After the Event Insurance – Levelling the Playing Field” presentation

On February 21, 2017, Alexander DC Kask made a presentation to the Canadian Bar Association BC Branch’s Insurance Law Section … Read more

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Special Costs Imposed for Breach of Duty to Defend by Insurer

In Williams v. Canales 2016 BCSC 1811, a recent B.C. Supreme Court costs application, the Court awarded special costs against … Read more

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