Category Archives: Uncategorized

Earnouts or Burnouts – Don’t Get Burned on an Earnout

Highlight: Earnouts are difficult legal clauses to manage and can often lead to misunderstanding and difficulty realizing them. Here is … Read more

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Important change announced to discount rates in the Law and Equity Act

The discounting rate applied to damages set to manifest in the future has been amended down. Essentially, this means the … Read more

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Silver Fox v. Chief Coroner, 2013 YKCA 11, A missed opportunity?

Mr. Silver Fox died on December 2, 2008 after being held in a police cell used for holding intoxicated people … Read more

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Update on “Vacancy” Clauses – Coburn v. Family Insurance Solutions 2014 BCCA 7

The BC Court of Appeal recently reconsidered the issue of “vacancy” in the context of a denial of coverage under … Read more

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“Ryan’s Commander”: The SCC preserves the “historical tradeoff” in marine maritime negligence claims

Introduction In August of last year, the Supreme Court of Canada in Marine Services International Ltd. v. Ryan Estate (2013 SCC) … Read more

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Noteworthy 2013 British Columbia Insurance Cases

This review covers three noteworthy cases in insurance law in British Columbia over the past year. Property Insurance – Interruption by … Read more

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Recent BC Decisions Affecting Expert Reports and Health Care Costs

Where does the role of the expert end and the role of the trier of fact begin? How have the … Read more

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Recent Developments in BC Relating to Claims for Litigation Financing Expenses

In September 2011, Adam Howden-Duke and I co-wrote an article titled “Litigation Finance: Access to Justice at What Cost?” that was … Read more

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B.C. Court Addresses the Duty of Care of Backcountry Heli-Skier – Kennedy v. Coe, 2014 BCSC 120

The number of people entering B.C.’s backcountry in search of untouched powder and adventure has increased dramatically in recent years. … Read more

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Judicial Consideration of the “New” Supreme Court Civil Rules

No one will deny that the law should in some way effectively use expert knowledge wherever it will aid in … Read more

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