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
As is common most mornings, I recently stopped at my local coffee shop on the way into work. Imagine my surprise and dismay when I discovered the doors locked, lights out and a note advising that the owners have now …Keep reading
In January 1995 a fire destroyed a Toronto apartment building. Eight legal proceedings were brought against various defendants including the building’s owner, Axes Investment Inc. (“Axes”) and the property manager, Tandem Group Management Inc. (“Tandem”).
Three policies of insurance were …Keep reading
It has long been held that the owner of a dog may be liable for the actions of their dog in one of two ways: strict liability under the doctrine of scienter or in negligence.
Liability will only attach under the …Keep reading
The Court of Appeal’s recent decision in Turpin v. The Manufacturers Life Insurance Company, 2013 BCCA 282, helps bring certainty back to the interpretation of insurance policies with respect to the application of the “reasonable expectations” principle.
In Turpin, the …Keep reading
The Court of Appeal recently released reasons on McLean v. Canadian Premier Life Insurance 2013 BCCA 264, the trial decision of which was the subject of a previous post. In a unanimous decision authored by Madam Justice Neilson …Keep reading
A reminder to insurers that Section 4 of the Insurance Regulation, pursuant to the new B.C. Insurance Act, is now in place as of July 1, 2012. This section requires that insurers notify an insured of any applicable statutory limitation …Keep reading