Yearly Archives: 2011

Modern Paradigms – New Insurance Act Regulations approved

At long last the Lieutenant Governor in Council has provided Regulations enacting the changes to the Insurance Act (the “Act”). Executive Council orders were announced on December 2, 2011 formally enacting the Insurance Amendment Act. The new …

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Intention Not Required – Defamation Coverage under a CGL: British Columbia Medical Association v. Aviva Insurance 2011 BCSC 1399

In the recent decision of British Columbia Medical Association v. Aviva Insurance Company of Canada 2011 BCSC 1399 the Court addressed the duty to defend in the context of coverage for a defamation claim under a CGL policy and the …

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The Hexagonal Hole of Modernity – Defamation in an Internet Age: Crookes v. Newton 2011 SCC 47

John Newton owned and operated a website in British Columbia in which he commented about various issues including free speech and the internet. One of the articles he posted was titled “Free Speech in Canada” and within this article were hyperlinks …

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Birthday Blues and Social Host Liability: Sidhu v. Hiebert 2011 BCSC 1364

The last thing Surinder Rattan expected for a birthday gift was a lawsuit. Unfortunately that is exactly what he received. In celebration of his 50th birthday, Surinder Rattan’s family threw a party and invited some of his former schoolmates, including …

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An unbroken chain between dogs and balls: Saanich v. Aviva 2011 BCCA 391

The Court of Appeal, in the recent decision of Saanich (District) v. Aviva Insurance Company of Canada 2011 BCCA 391, addresses the test for finding whether an additional named insured’s liability “arises out of the named insured’s operations or activities”.…

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Sharp Teeth: Cost Consequences of Offers to Settle (even against a “Big Bad” Insurer)

The implication of settlement offers and their ability to trigger cost awards was substantially changed by the introduction of the new Rules of Court on July 1, 2008.  Former Rule 37(23) provided a relatively straightforward method for determining costs when …

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Not so much fun in the California sun: Turpin v. Manufacturers Life Insurance Company 2011 BCSC 1162

In the recent coverage decision of Turpin v. Manufacturers 2011 BCSC 1162 the British Columbia Supreme Court applied the doctrine of reasonable expectations to find coverage in the face of an applicable exclusion clause in a travel insurance policy.

On September 23, …

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Delay is (not always) preferable to error

With all due respect to Thomas Jefferson, sometimes a delay is not preferable to error. In the recent decision of Sidhu v. The Wawanesa Mutual Insurance Company, 2011 BCSC 1117, the British Columbia Supreme Court awarded a plaintiff punitive …

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Alberta Bound?: BCCA declines Jursidiction

From an insurance law standpoint, the recent British Columbia Court of Appeal decision of Dembroski v. Rhainds 2011 BCCA 185 breaks little new ground and is simply a template application of well-settled conflict of law (jurisdiction) principles. However, the decision is …

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The Winds of Change: BCCA addresses the Insurance Brokers Duty of Care

In the recent decision of Beck v. Johnston, Meirer Insurance Agencies Ltd. 2011 BCCA 250 the British Columbia Court of Appeal unanimously upheld a trial court’s finding that an insurance broker breached their duty of care and that the …

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