Theft of an Unlocked Car is Foreseeable; Dangerous Driving by a Teenage Car Thief is (Probably) Not

In Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19, the Supreme Court of Canada held that “[a] business will only owe a duty to someone who is injured following the theft of a vehicle [from its premises] when, …

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Saadati: Expert Evidence Not Needed to Prove Compensable Mental Injury

In Saadati v. Moorhead, 2017 SCC 28 [Saadati], the Supreme Court of Canada (“SCC”) held that it is not necessary for a plaintiff to adduce expert evidence establishing an identifiable medical diagnosis in order to recover for …

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Blue Mountain Log Sales Ltd. v. Lloyd’s Underwriters, 2017 BCSC 1872

The duty to defend is not limited by the requisite elements of a cause of action

When deciding whether an insurer owes a duty to defend an action, the courts will take an expansive approach based on the “mere possibility” …

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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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