A recent decision of the Ontario Superior Court considered the definition of an “accident” within the meaning of an aviation policy of insurance, with important consequences for insurers and pilots. In Van Berlo v. Aim Underwriting Limited, 2014 ONSC …Keep reading
In 2012, the B.C. Court of Appeal’s decision in Loychuk v Cougar Mountain Adventures Ltd., 2012 BCCA 122, confirmed that people who knowingly and voluntarily engage in inherently risky recreational activities will be precluded from suing a commercial operator where …Keep reading
Ground contamination in residential property is not only an environmental concern, but is also an expensive issue for insurers in Canada. The contamination often results from a leak in a residential heating oil tank. When these leaks occur, home owners …Keep reading
The B.C. Supreme Court recently weighed in on the significance of a Plaintiff’s work history on claims for loss of earning capacity in Riding-Brown v. Jenkins, 2014 BCSC 382.
On June 26, 2009, the Plaintiff, Mr. Riding-Brown, was riding …Keep reading
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
‘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