BC Supreme Court adds defendant to action after expiration of limitation period
Introduction The BC Supreme Court recently considered the issue of whether a party could be added as a defendant to an action after the relevant limitation period had expired. Background facts In Stiller v Parsons, 2023 BCSC 872, the plaintiff […]
BC Supreme Court comments on requirements to obtain an order compelling an independent medical examination
Two recent decisions from the Supreme Court of British Columbia have highlighted particular requirements and certain barriers in relation to obtaining an order to compel a plaintiff’s attendance at an independent medical examination (“IME”). In Gysbers v. Patkunalingam, 2023 BCSC […]
British Columbia port strike: Legal implications and practical considerations for Canadian businesses
The recent labour strike by British Columbia (“BC”) port workers (the “Strike”) highlights important legal implications for carriers, freight brokers, shippers and other parties who rely heavily on the operations of Canadian ports. Background In July 2023, the International Longshore […]
Saskatchewan Court of Appeal confirms proof of a material change in risk requires strong evidentiary foundation
Introduction Wynward Insurance Group v Smith Building and Development Ltd, 2023 SKCA 57 highlights significant considerations for insurers who are considering denying claims on the basis of an insured’s failure to disclose a material change in risk. Background facts The […]
Alberta Court of Appeal reduces damage award to account for insured’s actual loss
Introduction In Shelter Canadian Properties Limited v Aviva Insurance Company of Canada, 2023 ABCA 74, the Alberta Court of Appeal reduced an indemnity payment for loss of rental income to account for the increase in the net rental income of […]
Alberta Court of Appeal resolves policy ambiguity in favour of insured
Introduction In 2102908 Alberta Ltd v Intact Insurance Company, 2023 ABCA 34, the Alberta Court of Appeal resolved an issue pertaining to ambiguous policy provisions in favour of the insured party. This decision highlights the importance for insurers to avoid […]
Ontario Court of Appeal affirms that the “true nature of a claim” will impact duty to defend
Introduction In Butterfield v Intact Insurance Company, 2023 ONCA 246, the Ontario Court of Appeal affirmed that Intact Insurance Company (“Intact”) did not have a duty to defend Mr. Butterfield (the “Appellant”) against a negligence claim because the policy’s intentional […]
Ocean carrier’s limitation of liability pursuant to Hague-Visby Rules clarified by the UK High Court of Justice
Introduction The English and Welsh High Court of Justice recently clarified the “true construction and application” of Art IV r 5(a) of the Hague-Visby Rules. Specifically, the High Court held that Art IV r 5(a) applies to claims pertaining to […]
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 […]
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 […]
