Category Archives: Uncategorized

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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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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