Category Archives: Uncategorized

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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Faulty Workmanship Exclusions and Resultant Damage:

Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, 2016 SCC 37 The Supreme Court of Canada’s decision in Ledcor has … Read more

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The Risk of Pre-Litigation Settlement Communications:

Trombley v. Pannu, 2016 BCCA 324 Defendants (and their insurers) can inadvertently lose a limitation defence by acknowledging liability. This … Read more

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Cyber liability & CGL Part B coverage – uncertainty reigns

In April this year, an Appellate court upheld a U.S. District Court decision handed down in August 2014 in finding … Read more

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Another US decision addressing coverage for cyber-liability under the CGL policy:

While there continues to be a dearth of caselaw in Canada, following cases such as Recall Total Information Management Inc. … Read more

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Municipal Liability: Section 736 of the Local Government Act is a Statutory Limitation Period

Anonson v ICBC, 2016 BCSC 441 Section 736 of the Local Government Act, RSBC 2015, c. 1 provides that a … Read more

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B.C. Supreme Court clarifies the Rule in respect of the location of examinations for discovery of non-resident parties/party representatives

It is not uncommon for non-resident parties to commence actions or to be dragged into litigation in British Columbia. This … Read more

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DISCOVERABILITY OF SOCIAL MEDIA EVIDENCE

WHAT IS SOCIAL MEDIA? It encompasses a broad range of websites such as social networking sites, professional networking sites, blogs, … Read more

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