Is Commercial Host Liability Expanding?
Bars and restaurants or commercial hosts who serve alcohol to customers owe a duty of care not only to customers but to third parties that ... Continued
Complementary Policies: Can One Insurer Compel the Defence of Another Insurer Based on (Hypothetical) Unjust Enrichment?
In Royal & Sun Alliance Insurance Company of Canada v. Wawanesa Mutual Insurance Company, 2020 ABQB 720, Royal & Sun Alliance Insurance Company of Canada ... Continued
Timely Disclosure of (Surreptitiously Recorded) Documents
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
Provincial Order Protects Construction Work from Liability Related to COVID-19
Construction work has been deemed an essential service during the state of emergency declared in B.C. in light of COVID-19. Construction work is considered part ... Continued
Provincial Order Limits Liability of Essential Service Providers – Liability & Coverage Considerations
On April 2, 2020, the Minister of Public Safety and Solicitor General for British Columbia issued a Ministerial Order (the “Order”) under the Emergency Program ... 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
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
Legalizing Cannabis and Risk: Stirring the Insurance Pot
The Cannabis Act allows adults in Canada to grow up to four marijuana plants per household. Has a new legal risk entered the property insurance ... Continued