In contemporary Canadian society, a multitude of different living arrangements exist as a result of increased divorce rates, the return of adult children to the home, extended family residing together, and the rise of maintaining residences abroad. If the fluctuating …Keep reading
The British Columbia Court of Appeal in Coburn v. Family Insurance Solutions, 2014 BCCA 73, recently clarified the scope of a vacancy exclusion in a homeowner’s policy, concluding that a house with no one living in it for more …Keep reading
In 2012, the B.C. Court of Appeal’s decision in Loychuk v Cougar Mountain Adventures Ltd., 2014 BCCA 122, confirmed that people who knowingly and voluntarily engage in inherently risky recreational activities will be precluded from suing a commercial operator where …Keep reading
Effective April 30, 2014, Discount Rates have been changed pursuant to Regulation 74/2014. The Regulation changes the rates currently found in the Law And Equity Regulation, section 1(a) and (b) as follows:
(a) the former discount rate of 2 ½% …Keep reading
Ground contamination in residential property is not only an environmental concern, but is also an expensive issue for insurers in Canada. The contamination often results from a leak in a residential heating oil tank. When these leaks occur, home owners …Keep reading
The B.C. Supreme Court recently weighed in on the significance of a Plaintiff’s work history on claims for loss of earning capacity in Riding-Brown v. Jenkins, 2014 BCSC 382.
On June 26, 2009, the Plaintiff, Mr. Riding-Brown, was riding …Keep reading
The Supreme Court of British Columbia recently considered the question of whether or not a passenger, when intentionally interfering with the driver, could be considered a user or operator of the vehicle such that their actions brought them under the …Keep reading
The Standard Non-Owned Automobile Policy is commonly found as part of many insureds’ Commercial General Liability policy (sometimes included as an Endorsement to the CGL policy); however, interpretation of the policy has received little judicial review in B.C.
The typical …Keep reading
‘Tis the season of holiday parties with many over imbibing on egg nog and other festive cocktails. Unfortunately, overdoing it during the holiday festivities can give rise not only to hangover-related headaches, but also to various forms of liability headaches.…Keep reading