Fareeha Qaiser

Associée | Vancouver

604.643.1305

Portrait de Fareeha Qaiser

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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...

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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...

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Fareeha Qaiser featured in Canadian Muslim Lawyers Association profile

Fareeha Qaiser is featured in a profile by the Canadian Muslim Lawyers Association. She speaks to her inspiration for joining the legal profession and experiences as a Muslim lawyer. Read the full profile.

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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...

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Changes in “occupants” found not to be a material change in risk for the purpose of voiding a home insurance policy

The British Columbia Supreme Court in Dubroy v. Canadian Northern Shield Insurance Co., 2021 BCSC 352 held that a home insurance policy was not rendered void because there was no material change in risk arising from a change in occupants....

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British Columbia Court of Appeal confirms a strict two-year limitation period to commence third-party claims

Introduction The Court of Appeal in Sohal v. Lezama, 2021 BCCA 40 (“Sohal”) recently held that a court does not have the discretion to permit a third-party notice for contribution and indemnity (“contribution”) if the limitation period has expired under...

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The effect of BC Ferries settlement agreements on apportionment of liability and damages at trial

A recent case from the British Columbia Supreme Court dealt with the procedure for apportionment of losses after a BC Ferries Settlement had been reached between some of the defendants. In Conarroe v Tallack, the claim arose out of two...

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Leave to appeal to Supreme Court of Canada on issue of insurer’s potential waiver of rights

An appeal of a decision from the Ontario Court of Appeal, Bradfield v Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800, has recently been granted leave to appeal to the Supreme Court of Canada. The basis of the...

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Supreme Court of Canada denies West Van’s appeal for defence of claim by insurers

West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 Brief Facts West Van Holdings Ltd. (“West Van”) owned and operated a dry cleaning business in West Vancouver. Between 1998 and 2002, Intact Insurance Company insured West Van...

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The Changing Landscape of Costs and the Duty to Defend in British Columbia

In British Columbia Court of Appeal decision West Van Holdings Ltd. v. Economical Mutual Insurance Company, the Court confirmed the primacy of the pleadings when determining whether an insurer owes a duty to defend, concluding that insurance policies are not special contracts...

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“Scanty” Evidence Failed to Establish a Plaintiff’s Entitlement to Recover Interest on Loans Borrowed for the Purpose of Litigation

In Isbister v. Delong, 2017 BCCA 340, the British Columbia Court of Appeal upheld a trial judge’s decision that the plaintiff was not entitled to recover, as special damages, interest on money she borrowed from her lawyers. Facts of the...

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The Duty to Defend Triggered Notwithstanding Environmental and Pollution Exclusion Clauses

In West Van Holdings Ltd. v. Economical Mutual Insurance Co., 2017 BCSC 2397, the insureds, West Van Holdings Ltd. and West Van Lions Gate Cleaners Ltd. (the “Insureds”) brought an action against Economical Mutual Insurance Company and Intact Insurance Company...

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Upcoming Amendments to British Columbia’s Costs Rules: An Update

This is a brief update on the original article published in our April 7, 2016 issue titled “Is it Going to Cost You More? Upcoming Amendments to British Columbia’s Costs Rules”. On March 31, 2016, the Attorney General of British...

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Is it Going to Cost You More? Upcoming Amendments to British Columbia’s Costs Rules

Costs are traditionally awarded to compensate victorious litigants for expenses incurred in prosecuting or defending a legal claim.  The rules governing costs awards in British Columbia will be substantially amended as of July 1, 2016.  These amendments will affect costs...

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