April.24.2019

A VICTORY FOR INSURERS ON SPECIAL COSTS IN INSURANCE COVERAGE CASE

Recently in West Van Holdings Ltd. v. Economical Mutual Insurance Company 2019 BCCA 110, our Court of Appeal found that there was no principled legal basis to automatically award special costs to insureds that were successful in a coverage dispute. Although the special costs decision in WestVan Holdings was made in obiter, it is expected that lower courts in B.C. will treat it as binding.

 

April 2019 Briefing Note