Extra Extra – 6% Cap on Disbursements
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
Welcoming Our Newest Partner, Brian Poston
Clark Wilson is pleased to welcome our newest Partner, Brian Poston, to the firm’s Insurance Practice. With over 20 years of experience, Brian has an insightful ... Continued
Bad Faith Claims Against Insurers – Recent Cases of Note
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
Non-Settling Parties Remain on the Hook: Clarification of BC Ferry Agreements
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
Misrepresentations, Omissions and other Half Truths
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
Keeping on the Straight and Narrow: Scope of Faulty Workmanship Exclusions in All-Risk Policies
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
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
Consideration of “Physical Damage” After MDS: Prosperity Electric v. Aviva
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
Plaintiff Cries Foul Over Baseball Injury
In a rare result, the BC Supreme Court found no liability on any defendant after a spectator was injured by a foul ball at a ... Continued
Limits on Expert Reports in Vehicle Injury Claims
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
Paternalistic Social Host Liability, Reasonableness Not Perfection
The existence of a general duty of care between a social host and users of a public highway injured by an adult party guest was ... Continued
Protection for Amateur Sport Organizations Against Liability for COVID-19
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