Category Archives: Uncategorized

Social Engineering Fraud & Crime Policy Coverage – The Latest Chapter?

In the last few years there have been a number of decisions considering insurance coverage under crime policies for Corporations … Read more

Posted in Uncategorized | Leave a comment

Workplace Harassment post-Schrenk – Widening the scope of protections

In a recent decision of the Supreme Court of Canada, BCHRT v Schrenk 2017 SCC 62, the SCC (majority 5:2) … Read more

Posted in Uncategorized | Leave a comment

Divergent case authority on whether ATE insurance premiums can be claimed against an opposing party in Ontario and British Columbia litigation

Providers of After The Event (ATE) insurance have been marketing in British Columbia extensively as of late. Until recently the … Read more

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment

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

Posted in Uncategorized | Leave a comment