Fareeha Qaiser

Associate | Vancouver

604.643.1305

Portrait of Fareeha Qaiser

The effect of BC Ferries settlement agreements on apportionment of liability and damages at trial

A recent case from the British Columbia Supreme Court dealt with the procedure for apportionment of losses after a BC Ferries Settlement had been reached between some of the defendants. In Conarroe v Tallack, the claim arose out of two...

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Leave to appeal to Supreme Court of Canada on issue of insurer’s potential waiver of rights

An appeal of a decision from the Ontario Court of Appeal, Bradfield v Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800, has recently been granted leave to appeal to the Supreme Court of Canada. The basis of the...

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Supreme Court of Canada denies West Van’s appeal for defence of claim by insurers

West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 Brief Facts West Van Holdings Ltd. (“West Van”) owned and operated a dry cleaning business in West Vancouver. Between 1998 and 2002, Intact Insurance Company insured West Van...

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The Changing Landscape of Costs and the Duty to Defend in British Columbia

In British Columbia Court of Appeal decision West Van Holdings Ltd. v. Economical Mutual Insurance Company, the Court confirmed the primacy of the pleadings when determining whether an insurer owes a duty to defend, concluding that insurance policies are not special contracts...

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“Scanty” Evidence Failed to Establish a Plaintiff’s Entitlement to Recover Interest on Loans Borrowed for the Purpose of Litigation

In Isbister v. Delong, 2017 BCCA 340, the British Columbia Court of Appeal upheld a trial judge’s decision that the plaintiff was not entitled to recover, as special damages, interest on money she borrowed from her lawyers. Facts of the...

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The Duty to Defend Triggered Notwithstanding Environmental and Pollution Exclusion Clauses

In West Van Holdings Ltd. v. Economical Mutual Insurance Co., 2017 BCSC 2397, the insureds, West Van Holdings Ltd. and West Van Lions Gate Cleaners Ltd. (the “Insureds”) brought an action against Economical Mutual Insurance Company and Intact Insurance Company...

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Upcoming Amendments to British Columbia’s Costs Rules: An Update

This is a brief update on the original article published in our April 7, 2016 issue titled “Is it Going to Cost You More? Upcoming Amendments to British Columbia’s Costs Rules”. On March 31, 2016, the Attorney General of British...

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Is it Going to Cost You More? Upcoming Amendments to British Columbia’s Costs Rules

Costs are traditionally awarded to compensate victorious litigants for expenses incurred in prosecuting or defending a legal claim.  The rules governing costs awards in British Columbia will be substantially amended as of July 1, 2016.  These amendments will affect costs...

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