COVID-19: Effect of Suspension of Limitation Periods on Lien Claims
Clark Wilson LLP has previously provided you with alerts regarding Ministerial Order No. M086. The effect of the Order is to suspend all limitation periods ... Continued
COVID-19 and the Vacancy Exclusion in Homeowner Insurance Policies
The COVID-19 global pandemic poses an unprecedented risk to public health and safety and has already had a tremendous impact on our economy, forcing businesses ... Continued
Court Has Been Suspended – Impact of COVID-19 on Trials, Mediation, Discoveries and IME’s
As a result of COVID-19, our Supreme Court of British Columbia has set out certain requirements in order to protect the public: maintain and preserve ... Continued
The Pot is not Stirred, the Court of Appeal Confirms – Marijuana Grow Op Is Material Change in Risk
A 2019 B.C. Supreme Court decision dismissing an insurer’s claim for damages against a homeowner insurance company was recently upheld on appeal in Schellenberg v. ... Continued
No Way?! No Fault!!
This morning it was announced that ICBC will move to a “no-fault” system starting May 1, 2021. No-fault insurance guarantees medical and rehabilitation benefits while ... Continued
Breach of Broker Duties, Beware
In the recent case of Duraguard Fence Ltd. v. Badry, the Court held that an insurance broker, in failing to consider the insured’s loss history ... Continued
Austeville Properties Ltd. v. Josan et al.: Exploding Taco Del Mar Decision – B.C. Court of Appeal Speaks on Corporate Attribution & Insurance Covenants in the Context of Arson
Many in Vancouver will remember when the Taco Del Mar restaurant on West Broadway (the “Premises”) exploded in the early morning hours of February 13, ... Continued
Case Study – Gregory Crowder and Trial Lawyers Association of British Columbia v. Attorney General of British Columbia, 2019 BCSC 1824
On February 11, 2019, the Lieutenant Governor in Council (“LGC”) amended the Supreme Court Civil Rules to limit the use of experts in vehicle actions. ... Continued
I May Take No Position On What You Say, But Our Insurer Will Defend Your Right To Say It1
The Difference Between an Insurer’s Duty to Defend and the Duty to Indemnify A recent decision of the Ontario Superior Court of Justice, MacFarlane v. ... Continued
MacFarlane v. Canadian Universities Reciprocal Insurance Exchange –Should a professor warning others of a sexual predator colleague be covered by her employer university’s liability policy?
A recent decision of the Ontario Superior Court of Justice, MacFarlane v. Canadian Universities Reciprocal Insurance Exchange, 2019 ONSC 4631, answered the question of whether ... Continued
PCL Constructors Westcoast Inc. v Royal & Sun Alliance Insurance Company of Canada – A Reminder Of The Requirement To Comply With Insurance Statutory Requirements
Insurance policies typically contain a deductible clause, which typically states the amount that an insured is required to pay to the insurer before the insurer ... Continued
ROCKY HEIGHTS v. BIBER 2019 ONSC 3593 – Will the waiver of subrogation operate to protect an insured acting outside of the scope of her role in the corporate insured?
In the recent Ontario decision, Rocky Heights v. Biber, 2019 ONSC 3593, the Ontario Supreme Court was asked to determine whether a subrogated claim could ... Continued