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