Category Archives: Posts
Special Costs Imposed for Insurer’s Failure to Provide Disability Benefits Tanious v. the Empire Life Insurance Company, 2017 BCSC 85
In Tanious v. the Empire Life Insurance Company, 2017 BCSC 85 the BC Supreme Court has further clarified the circumstances … Read more
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
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
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