Category Archives: Uncategorized

Private property owner tort liability for bylaw breach

Can a property owner be held liable in tort for failing to comply with a municipal bylaw requiring snow removal? … Read more

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Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall: judicial review of procedural fairness questions for religious organizations and voluntary associations

  In Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall,  2018 SCC 26 (“Wall”), the Supreme Court confronted conflicting … Read more

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Rankin’s Garage – A Fresh Application of the Moral Glue of Tort (Reasonable Foreseeability Revisited)

Rankin’s Garage – A Fresh Application of the Moral Glue of Tort (Reasonable Foreseeability Revisited)       I. Introduction In the … Read more

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Strategies for Indivisible Injury Claims

This presentation discusses the general legal principles involved in assessing divisible and indivisible injuries, and describes recent to changes in … Read more

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The Impact of Addiction on Personal Injury Damages

According to Statistics Canada, in 2012 over 21% of Canadians (approximately 6 million people) met the criteria for a substance … Read more

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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

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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

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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

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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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