Insurance & Risk Management

Displaying 1-10 of 381

BC Supreme Court determines whether a third-party claim can be commenced by way of a separate notice of civil claim

Introduction In Prime Time (Abby Lane) Inc. v. DGBK Architects, 2022 BCSC 1799 (“Prime Time”), the BC Supreme Court answered the long-standing question of whether it is appropriate to commence a third-party claim by way of a separate notice of...

More

British Columbia Court of Appeal clarifies the test for civil fraud in the insurance law context

Introduction In Singh v Insurance Corporation of British Columbia, 2022 BCCA 320, the BC Court of Appeal reaffirmed the test for civil fraud in the insurance law context. Specifically, the court dismissed the defendants’ appeal, in which they argued that...

More

Two insurers, a mutual policyholder, and the duty to defend

Ontario Court of Appeal upholds Application Judge’s treatment of Property Report Evidence In AIG Insurance Company of Canada (“AIG”) v Lloyd’s Underwriters (“Lloyd’s”) (2022 ONCA 699), the Ontario Court of Appeal was tasked with answering “whether two insurers have a...

More

BC Supreme Court considers the Insurance Act’s dispute resolution process

Introduction In King v. Aviva Insurance Company of Canada, 2022 BCSC 973, the BC Supreme Court (the “Court”) held that Ms. Paula King (the “Insured”) could not opt out of the mandatory dispute resolution process (“DRP”) she had commenced pursuant...

More

A foul ball to the head: No negligence established under the Occupier’s Liability Act

Introduction The British Columbia Court of Appeal, in Rivers v North Vancouver (District), 2021 BCCA 407, considered a negligence claim brought pursuant to the common law and British Columbia’s Occupiers Liability Act (the “Act”). In doing so, they clarified what...

More

British Columbia Court of Appeal comments on the test for want for prosecution applications

Introduction The Court of Appeal for British Columbia (the “Court of Appeal”), in Drennan v Smith, 2022 BCCA 86,  provided significant commentary on want for prosecution applications and warned of possible changes to come. Mr. Tyler Drennan (the “Appellant”) appealed...

More

The Supreme Court of Canada addresses promissory estoppel in the insurance context

Introduction In the recent decision of Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, the Supreme Court of Canada considered the application of the doctrine of promissory estoppel in the context of a...

More

Case Commentary: Nelson (City) v. Marchi, 2021 SCC 41 – The Supreme Court of Canada clarifies the distinction between core and non-core policy decisions

Introduction In the recent decision of Nelson (City) v. Marchi, the Supreme Court of Canada clarified the law with respect to what constitutes a “core policy decision” rendering a government or public authority immune from liability.  In this particular case,...

More

Henderson v. Northbridge General Insurance Corporation, 2021 BCSC 1841: The duty to defend claims alleging intentional acts

Introduction Recently, in the context of an alleged “shaken baby” claim, the Supreme Court of British Columbia considered whether an insurer had a duty to defend a claim against its insured arising from allegations framed in both negligence and assault. ...

More

British Columbia Court of Appeal clarifies indivisibility analysis

Introduction The Court of Appeal for British Columbia (the “Court of Appeal”), in Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327, recently provided significant commentary on the important yet difficult issue of indivisible injuries. Insurance Corporation of British...

More

Displaying 1-10 of 381

MT Insurance Law Blog

View our latest blog posts.

View

Stay Informed

Sign-up to receive electronic communications, including newsletters on legal developments, event invitations, firm news and more.

Subscribe