Lloyd's Brief: Canadian Legal Perspectives

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

September 2015

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Third Party Notices Must be Filed Fast: BC Court Pronounces that Expediency does not Trump Notices

Fault in construction claims is rarely black or white.  Claims usually begin with multiple defendants and, as the litigation progresses, the existing parties often discover that additional potentially at-fault entities should be added. In British Columbia, the proper way to...


Triple Jeopardy: Civil, Disciplinary, and Regulatory Proceedings against Professionals

Philip A. Carson

Members of regulated professions, such as engineers, architects, financial advisors, and health professionals, can face multiple proceedings arising from the same conduct.  For instance, for a single event, an engineer may be sued in civil proceedings for negligence, be charged...


Precision Plating Part II: British Columbia Court of Appeal restores effect of Absolute Pollution Exclusion

Jonathan Hodes

In 2014, the British Columbia Supreme Court, in Precision Plating Ltd. v. Axa Pacific Insurance Company, 2014 BCSC 602, held that a purportedly “absolute” pollution exclusion was ambiguous in the context of a fire loss.  This decision resulted in significant...


The Whole File and Nothing But the File: A Precautionary Tale regarding Disclosure and Production of an Insurer’s Underwriting, and Claims and Investigation Files in the Context of Coverage and Bad Faith Claims

Ana Simões

The scope of disclosure and corresponding production of documents typically becomes an issue in the context of an insured’s claim against an insurer for coverage and bad faith.  Inevitably, the insured will demand disclosure and production of the underwriting, and/or...


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