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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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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