Yearly Archives: 2018

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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Saadati: Expert Evidence Not Needed to Prove Compensable Mental Injury

In Saadati v. Moorhead, 2017 SCC 28 [Saadati], the Supreme Court of Canada (“SCC”) held that it is not necessary for a plaintiff to adduce expert evidence establishing an identifiable medical diagnosis in order to recover for …

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Blue Mountain Log Sales Ltd. v. Lloyd’s Underwriters, 2017 BCSC 1872

The duty to defend is not limited by the requisite elements of a cause of action

When deciding whether an insurer owes a duty to defend an action, the courts will take an expansive approach based on the “mere possibility” …

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