Category Archives: Posts
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
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
“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
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
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
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
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
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
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
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