Family member exclusion clause upheld in recent Court of Appeal decision

The British Columbia Court of Appeal has just released a decision pertaining to the interpretation of the “family member exclusion” found in the typical homeowner’s policy.  In Economical Mutual Insurance Company v. Gill, 2017 BCCA 351, the Court considered …

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The Limits of Crime Coverage Insurance Policies

We have all heard the news stories and warnings involving fraudsters posing as legitimate businesses in order to obtain banking information from unsuspecting individuals to defraud them out of large sums of money. Large corporations are not immune from these …

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Cyclist v. Driver: Who is at fault?

One of the small ways drivers can show kindness to each other is to create a gap in what is otherwise backed up traffic so that a driver trying to turn across the lane can get through. One of the …

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A well-drafted release is priceless

Jamieson v. Whistler Mountain Resort Limited, 2017 BCSC 1001, affirmed a facility provider’s ability to protect itself by requiring that a user execute a release waiving his or her right to sue for personal injuries sustained at the facility. …

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Window cleaning and the “your work” exclusion clause in a CGL policy

The Court of Appeal for Ontario recently upheld a “your work” exclusion in a Commercial General Liability Policy in G & P Procleaners and General Contractors Inc. v. Gore Mutual Insurance Company, 2017 ONCA 298. The insured, G & …

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Indemnification for legal costs awarded when disability coverage denied

In the recent case of Tanious v. The Empire Life Insurance Company, 2017 BCSC 85, the British Columbia Supreme Court awarded special costs equivalent to full indemnification of the plaintiff’s litigation costs in a disability insurance action. The plaintiff …

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The early bird gets her trial brief filed!

The procrastinators among us are well acquainted with the Interpretation Act, R.S.B.C. 1996, c. 238 (the “Act”) s. 25(3), which extends deadlines by providing that:

    If the time for doing an act in a business office falls
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The burden of proving negligence

In the recent decision of Benavides v. Insurance Corporation of British Columbia, 2017 BCCA 15, the Court of Appeal rejected the proposition that a prima facie case of negligence can switch the onus onto the Defendant to show …

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Unbuckling the law of contributory negligence

In Wormald v. Chiarot, 2016 BCCA 415, the British Columbia Court of Appeal reviewed the law of contributory negligence and, in particular, the significance of proving that a plaintiff’s failure to take reasonable care was causally connected to the …

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‘Tis the season 2016 – Driving while impaired and forfeiting your insurance coverage

‘Tis the season for gift-giving, festive decorations and holiday gatherings. For many, it is also the season for drinking wine, egg nog and other alcoholic beverages. As we discussed in our December 2013 and December 2012 blog posts, excessive consumption …

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