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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Special costs in coverage litigation

The British Columbia Supreme Court’s recent decision in Williams v. Canales, 2016 BCSC 1811, has set precedent in British Columbia by finding for the first time in this Province that, on a successful coverage application, the insured is entitled …

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Unintentionally extending a plaintiff’s limitation period

Under B.C.’s former and current Limitation Act, the limitation period for a Plaintiff’s claim can be extended on the basis of a Defendant having acknowledged in writing some liability for the cause of action.

In the insurance industry, a …

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Supreme Court of Canada provides guidance on “faulty workmanship” exclusions in all-risk insurance policies

On September 15, 2016, the Supreme Court of Canada issued its highly-anticipated decision in Ledcor Construction Limited v. Northbridge Indemnity Insurance Company (“Ledcor”),[1] which provides important guidance on the interpretation and application of standard “faulty workmanship” exclusions …

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Pre-tender legal costs are “voluntary payments”

In Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2016 BCCA 352, the British Columbia Court of Appeal determined for the first time that legal costs incurred before an insured gives its insurer notice of a claim can fall …

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Assessment and apportionment of damages in the context of indivisible injury

The application of the legal principle of indivisibility continues to evolve as courts encounter further and more complex fact scenarios involving indivisible injuries.

The case of Lane v. Wahl, 2015 BCSC 1779 provides a useful illustration of how the Court …

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“Court confirms the necessity of strict adherence to conditions under replacement cost endorsements”

In a recent decision, the B.C. Supreme Court has confirmed that insurers who issue replacement cost endorsements to property policies are not required to fund replacement of damaged property in advance. Rather, insureds under such policies are required to adhere …

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Privilege over investigation materials

The recent decision in Plenert v. Melnik Estate, 2016 BCSC 403 provides an additional arrow in the quiver of insurers and insureds seeking to claim privilege over investigative documents and adjusters’ reports prepared prior to the commencement of litigation.…

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