Releases Are Not Routine
In commercial contexts, releases are widely used, but rarely given the attention that they deserve. Often viewed as standard or boilerplate, it is common for ... Continued
IFRS vs. PE GAAP and their Effects on Financial Covenants
Following up on our story above, the deadline to adopt either the International Financial Reporting Standards (“IFRS”) or New Canadian GAAP for Private Enterprises (“PE ... Continued
Appellate Courts: Not Settled on the “Settlement Clause”
In 2006 Kelowna homeowners, Mr. Buchanan and Ms. Grace (the “Owners”), discovered a leaking public water valve near their property. The District repaired the valve ... Continued
The Jetsons Get Into Trouble: A Sampler of Cyperspace Litigation in Canada
Published September 2000 Much like the discovery of the printing press, the advent of the Internet and electronic communication has had a revolutionary effect around ... Continued
Insurer Bad Faith Damages: A USA-Canada Comparison
Published June 2004 Most people involved in the Canadian insurance industry are alternately amazed and appalled at the bad faith headlines emerging from the USA ... Continued
Tort Immunity: Covenants to Insure and Waivers of Subrogation
Published February 1998 Updated February 2006* With the considerable assistance of Michal Jaworski Covenants to insure in commercial contracts can be a powerful mechanism for ... Continued
The CGL Policy and the Additional Insured Endorsement in Canada
Published March 2006 While there are a variety of liability insurance policies available in Canada which contain coverages tailored to specific risks, industries or professions, ... Continued
Mould Claims in Canada: Property and Liability Insuance Issues
Published February 2003 Updated 2007 In summer 2001 a Texas District Court awarded $32 million to a homeowner who sued their insurance company for the ... Continued
Directors and Officers Liability in Canada: A Review of Exposures and Coverages Available Under D&O Policies
Published June 2008 Historically, the main responsibility of directors and officers of Canadian companies was to act in the best interests of their company. Accordingly, ... Continued
Appraisals Under B.C.’s Insurance Act: Practice and Procedure
Published September 2008 *An earlier version of this paper was prepared by another Clark Wilson lawyer, Robert J. Lesperance. In 1994, British Columbia’s Insurance Act ... Continued
The End of Mandatory Retirement: Understanding the Changes to the BC Human Rights Code
October 2007 On April 25, 2007, the British Columbia Provincial Government introduced Bill 31, the Human Rights Code (Mandatory Retirement Elimination) Amendment Act, 2007, which ... Continued
Nigel Kent quoted in the Vancouver Sun
Nigel Kent is quoted in August 28 edition of The Vancouver Sun in the article titled Judgment generates court direction to councils. He comments on ... Continued