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
In a recent decision, the B.C. Supreme Court has confirmed that insurers who issue replacement cost endorsements to property policies are not required to fund replacement of damaged property in advance. Rather, insureds under such policies are required to adhere …Keep reading