Alexander Holburn

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 …

Keep reading

A Well-Drafted Release is Priceless

Jamieson v. Whistler Mountain Resort Limited, 2017 BCSC 1001, affirmed a facility provider’s ability to protect itself by requiring that a user execute a release waiving his or her right to sue for personal injuries sustained at the facility. …

Keep reading

‘Tis the season 2016 – Driving while impaired and forfeiting your insurance coverage

‘Tis the season for gift-giving, festive decorations and holiday gatherings. For many, it is also the season for drinking wine, egg nog and other alcoholic beverages. As we discussed in our December 2013 and December 2012 blog posts, excessive consumption …

Keep reading

Supreme Court of Canada provides guidance on “faulty workmanship” exclusions in all-risk insurance policies

On September 15, 2016, the Supreme Court of Canada issued its highly-anticipated decision in Ledcor Construction Limited v. Northbridge Indemnity Insurance Company (“Ledcor”),[1] which provides important guidance on the interpretation and application of standard “faulty workmanship” exclusions …

Keep reading

No Do-Overs Allowed

Alternative dispute resolution is increasingly being used for settling disputes. As a practical matter, it is now virtually impossible to appeal most arbitral findings, making it clear that claims resolution through arbitration proceedings can entail much greater risk for insurers …

Keep reading

Overzealous denial of claim results in large punitive damage award

The recent BC Supreme Court decision Arsenovski v. Bodin, 2016 BCSC 359, illustrates, by way of an extreme example, the risk insurers run by overzealous denial of an insured’s claim.

The case arose from the insurer’s decision to deny …

Keep reading

Self-Represented Litigant Ordered to Pay Double Costs to Insurer

Most Insurers are aware of the higher costs associated with litigation where the opposing party is self-represented. High costs can be due to a variety of factors, such as numerous applications, failure to follow procedural steps, irrelevant claims and lengthy …

Keep reading

Duty To Defend After Policy Expiration: The Court Interprets The Reasonable Expectations Of A Homeowners Policy

In Canadian Northern Shield Insurance Company v. Intact Insurance Company, 2015 BCSC 767, the British Columbia Supreme Court considered whether an insurer has a duty to defend an insured with respect to claims arising from damage that occurred outside …

Keep reading

Better late than never for an insured: Late Notice to an insurer of a claim

In Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2015 BCSC 630, the British Columbia Supreme Court considered whether an insurer was obligated to pay for pre-tender defence costs, meaning defence costs that were incurred by the insured prior to …

Keep reading

Back to a Balance of Probabilities: Low Speed Collision Not Enough to Cause Plaintiff’s Injuries

Although the burden of proof often plays a prominent role in criminal jurisprudence, it is not often remarked on in personal injury cases. It is no less important to remember, however, that the burden of establishing the case on a …

Keep reading