Minor Injury Cap – Motor Vehicle Claims in BC (Part 2)

Part 1 of this two-part post explored how a minor injury is defined under the new legislation. Part 2 discusses how minor injuries are dealt with and also reviews changes to the no-fault accident benefits regime under the Insurance Vehicle Act

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Minor Injury Cap – Motor Vehicle Claims in BC (Part 1)

In 2018 the British Columbia government announced major changes to the Insurance (Vehicle) Act (“IVA”), with the intention of addressing a significant increase in the cost of claims over recent years.  The most significant change comes in the …

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Cannabis Production: A New Type of Material Risk for Property Insurance Coverage

With the enactment of the Cannabis Act and its regulations, Canadians are now able to grow cannabis on personal property, for medical, recreational or commercial reasons. The recently issued decision of Schellenberg v Wawanesa Mutual Insurance Company, 2019 BCSC 196

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New Rule Significantly Limiting Use of Expert Reports in MVA Actions

There was a very significant amendment to the British Columbia Supreme Court Civil Rules in relation to expert reports in motor vehicle claims (and as of February 1, 2020, all personal injury actions).  The amendment came into effect on February …

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Should Loss of Housekeeping Capacity be a Separate Head of Damage?

British Columbia courts have recognized the principle that loss of housekeeping ability can have an economic value for which damages may be awarded.  However, how that value should be assessed and whether a separate award should be made continues to …

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Khudabux v. McClary: Divisibility, Intervening Events, and the Proper Determination of Causation and Damages in Complex Fact Scenarios

In Khudabux v. McClary, 2018 BCCA 234, the BC Court of Appeal dealt with the often complicated issue of divisible/indivisible injuries and the calculation of damages in circumstances involving more than one tortious accident, pre-existing injuries and intervening …

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Going For Broke(er): A Broker’s Obligation to Disclose the Limits of its Expertise

In 2049390 Ontario Inc. v. Leung, 2018 ONSC 5759, the Ontario Superior Court of Justice considered whether or not a broker owes a duty to advise their clients to obtain an estimate of the cost of reconstruction from a professional …

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After the Event Insurance: A Relevant Consideration for Settlement Offers and Costs

Adverse cost or “after the event” (“ATE”) insurance is a relatively new coverage which is quickly gaining popularity among Plaintiffs in Canada. ATE insurance is an insurance policy which is purchased after a dispute arises and covers costs and disbursements. …

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Court Order Interest Rates Increased

Effective July 1, 2018, the Court Order Interest Rates have increased.  The Court Order Interest Act, R.S.B.C. 1996, c. 79, provides for the payment of pre-judgment and post judgment interest at a prescribed rate. These rates can be changed …

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Theft of an Unlocked Car is Foreseeable; Dangerous Driving by a Teenage Car Thief is (Probably) Not

In Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19, the Supreme Court of Canada held that “[a] business will only owe a duty to someone who is injured following the theft of a vehicle [from its premises] when, …

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