Alexander Holburn

A well-drafted release is priceless

Jamieson v. Whistler Mountain Resort Limited, 2017 BCSC 1001, affirmed a facility provider’s ability to protect itself by requiring that a user execute a release waiving his or her right to sue for personal injuries sustained at the facility. …

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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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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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No Do-Overs Allowed

Alternative dispute resolution is increasingly being used for settling disputes. As a practical matter, it is now virtually impossible to appeal most arbitral findings, making it clear that claims resolution through arbitration proceedings can entail much greater risk for insurers …

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Overzealous denial of claim results in large punitive damage award

The recent BC Supreme Court decision Arsenovski v. Bodin, 2016 BCSC 359, illustrates, by way of an extreme example, the risk insurers run by overzealous denial of an insured’s claim.

The case arose from the insurer’s decision to deny …

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Self-Represented Litigant Ordered to Pay Double Costs to Insurer

Most Insurers are aware of the higher costs associated with litigation where the opposing party is self-represented. High costs can be due to a variety of factors, such as numerous applications, failure to follow procedural steps, irrelevant claims and lengthy …

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Back to a Balance of Probabilities: Low Speed Collision Not Enough to Cause Plaintiff’s Injuries

Although the burden of proof often plays a prominent role in criminal jurisprudence, it is not often remarked on in personal injury cases. It is no less important to remember, however, that the burden of establishing the case on a …

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Road Rage and Motor Vehicle Liability: The Court Speaks Out About Intimidation in Motor Vehicle-Cyclist Accident Cases

What is the role of road rage when assessing motor vehicle liability? The British Columbia Supreme Court recently gave its opinion on the significance of intimidation in motor vehicle accidents involving cyclists. In Davies v. Elston, 2014 BCSC 2435, …

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New Supreme Court of Canada ruling provides guidance on the use of extrinsic evidence in coverage determinations

The Supreme Court of Canada’s recent decision in Sattva Capital Corp. v. Creston Moly Corp (“Sattva”)[1] articulates how and when extrinsic evidence can be utilized to interpret contracts, including policies of insurance. The case arose from a dispute over …

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THE FIRST LINE OF DEFENCE? COURSE OF CONSTRUCTION INSURANCE AND TORT IMMUNITY

On most construction projects involving multiple contractors and sub-contractors, it is common for the owner or general contractor to obtain course of construction insurance (also known as “builder’s risk” insurance) to provide repair or replacement coverage for damage to the …

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