Lloyd's Brief: Canadian Legal Perspectives

A collage of construction, railway, canadian flag, wheat and oil rig

January 8, 2020

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Bad faith & punitive damages update – case commentary – Stewart v. Lloyd’s Underwriters

Karen L. Weslowski

Introduction Recently, in Stewart v. Lloyd’s Underwriters, 2019 BCSC 1582, the British Columbia Supreme Court considered a claim for punitive damages arising from the insurer’s alleged breach of its duty of good faith.  Ultimately, the court agreed that punitive damages...

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The Court’s discretion regarding the cost consequences of settlement offers: Exceptions are not the rule

Ana Simões, Katrina Kairys

The settlement process promotes judicial economy and efficiency, and eliminates the high costs of proceeding to trial. As such, parties are well-advised to make reasonable offers prior to trial and to consider acceptance seriously.  This principle is entrenched in Rule...

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