The BC Court of Appeal considers whether a statutory body owes individuals a private law duty of care
Introduction In Kamoto Holdings Ltd v Central Kootenay (Regional District), 2022 BCCA 282, the British Columbia Court of Appeal recently held that a BC couple, Gordon and Jill Cann (collectively, the “Canns”) were not able to bring a claim against...
Ontario Court of Appeal emphasizes the importance of succinctness in insurance contracts
Introduction In Ontario Inc. v Northbridge General Insurance Corporation, 2022 ONCA 304, the Ontario Court of Appeal (the “Court of Appeal”) highlighted the importance of succinctness in insurance contracts. Northbridge General Insurance Corporation (the “Insurer”) appealed the Ontario Superior Court...
Builder’s Risk policies in Quebec: No duty to defend
Quebec has come to be well known in the industry for the strict legal obligations it places on insurers regarding the duty to defend, pursuant to the Civil Code of Quebec (“C.c.Q.”). In a recent Superior Court case, Bridor inc....
Proving professional negligence claims: What expert evidence is required and when?
Introduction Professionals owe a duty to exercise the skill, care and diligence which may be reasonably expected of a person of ordinary competence, measured by the professional standard of the time. Generally speaking, in order to succeed at trial, a...
Ontario Superior Court of Justice applies pollution exclusion in denying coverage application
The Ontario Superior Court of Justice (the “Court”), sitting in Kitchener, recently ruled on a coverage application in Kin v. Ecclesiastical et al 2022 ONSC 1655[1]. The applicant sought coverage from Lloyd’s and the Court dismissed the application in its...
Exceptions to mandatory costs-exclusive policy limits in Québec
Up until the adoption of Bill 82 and its regulations, Quebec was the only Canadian province where an insurer was legally obligated to take up the defence of its insured and cover legal fees over and above the limits of...
Privacy breaches and speculative disclosure: Sufficient to certify a class action?
Introduction Companies often require individuals to provide access to their personal data in order to access products and services. In some circumstances, an individual’s digital footprint and data might be shared with a third party either intentionally or unintentionally. These...
Quantifying damages for breach of privacy and loss of data: Is a loss of data without actual resulting harm compensable?
Introduction The proliferation of technology has resulted in an increase of data and the use of that data for commercial (and potentially nefarious) purposes, as well as a corresponding increase in the value of that data. Given the value of...
Interpretations of the UKSC decision Okpabi v Royal Dutch, which heightened the risk of lawsuits for Canadian companies with overseas subsidiaries
The decision of the UK Supreme Court in Okpabi and others v Royal Dutch Shell Plc and another[1](“Okpabi”) found that a UK parent company arguably owed a duty of care to Nigerian claimants relating to the actions of its Nigerian...
UK Supreme Court decision creates heightened risk for Canadian parent companies with overseas subsidiaries
A recent United Kingdom Supreme Court decision has lowered the bar for the argument that a UK company may be responsible for the tortious actions of its overseas subsidiary. The decision in Okpabi and others v Royal Dutch Shell Plc...
