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On March 2, 2021, the Supreme Court declared the legislation authorizing the Civil Resolution Tribunal (CRT) jurisdiction over certain collision claims unconstitutional. In April 2019, ... Continued
In Royal & Sun Alliance Insurance Company of Canada v. Wawanesa Mutual Insurance Company, 2020 ABQB 720, Royal & Sun Alliance Insurance Company of Canada ... Continued
Last year, the BC government amended the Evidence Act to limit the number of experts and expert reports related to damages in motor vehicle personal ... Continued
Bad faith in the insurance context occurs when an insurer acts contrary to its duty of good faith. The perception of what exactly is deemed ... Continued
Recently, in The Owners of Strata Plan KAS3204 v. Navigator Development Corporation, 2020 BCSC 1954 [Navigator], the B.C. Supreme Court clarified the effect of a ... Continued
It is a deemed condition of every insurance contract that if a person applying for insurance misrepresents or fraudulently omits to communicate any circumstance that ... Continued
The Alberta Court of Appeal has affirmed and extended the seminal Supreme Court of Canada decision in Ledcor v. Northbridge[1] regarding faulty workmanship exclusion clauses ... Continued
The rules of disclosure are fundamental to the adversarial system. Rule 7-1(21) of the Supreme Court Civil Rules says that a party who fails to ... Continued
Earlier this year we commented on the Ontario Superior Court decision in MDS Inc. v. Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924, where ... Continued
We previously wrote about the Crowder decision where Chief Justice Hinkson declared amendments to Supreme Court Civil Rule 11-8 limiting expert evidence in vehicle actions to ... Continued
On June 10, 2020, the Minister of Public Safety and Solicitor General for British Columbia ordered Ministerial Order M183 (the “Order”) – Protection Against Liability ... Continued
The COVID-19 global pandemic has resulted in serious restrictions on how we go about our day-to-day lives and has led homeowners and insurers to raise ... Continued