Author Archives: Adam Howden-Duke

Adam Howden-Duke

About Adam Howden-Duke

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McAllister v Calgary (City) – SCC dismisses application for leave to appeal

By way of update to our case note posted November 8, 2019 (here); in a judgment dated January 9, 2020, … Read more

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Supreme Court of Canada dismisses application for leave to appeal in J. Cote & Son Excavating Ltd . v City of Burnaby (2019 BCCA 168).

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McAllister v Calgary (City); a heightened duty of care in the age of surveillance?

An Alberta Court of Appeal decision handed down this year arguably extends the duty of care owed by Municipalities and … Read more

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A prudent reminder for brokers; drone injury fell within CGL exclusion for aircraft.

In what is said to be the first decision on the issue, a California Court was called on to decide … Read more

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Cannabis and self-driving vehicles; emerging issues in Insurance law

On January 24, 2019, Vernon Pahl and Adam Howden-Duke presented to London Market clients on the implications of the legalization … 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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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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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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Court accepts a lesser management fee is warranted following reduction of the discount rate in the Law and Equity Act

Best v Thomas 2014 BCSC 2487 (CanLII) In British Columbia, regulations under the Law and Equity Act set out the … Read more

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