Yearly Archives: 2019

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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