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 […]
The BC Court of Appeal considers whether a statutory body owes individuals a private law duty of care
Introduction In Kamoto Holdings Ltd v Central Kootenay (Regional District), 2022 BCCA 282, the British Columbia Court of Appeal recently held that a BC couple, Gordon and Jill Cann (collectively, the “Canns”) were not able to bring a claim against […]
Ontario Court of Appeal emphasizes the importance of succinctness in insurance contracts
Introduction In Ontario Inc. v Northbridge General Insurance Corporation, 2022 ONCA 304, the Ontario Court of Appeal (the “Court of Appeal”) highlighted the importance of succinctness in insurance contracts. Northbridge General Insurance Corporation (the “Insurer”) appealed the Ontario Superior Court […]
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 […]
Proving professional negligence claims: What expert evidence is required and when?
Introduction Professionals owe a duty to exercise the skill, care and diligence which may be reasonably expected of a person of ordinary competence, measured by the professional standard of the time. Generally speaking, in order to succeed at trial, a […]
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 […]
Canadian sanctions against Russia: Practical considerations for Canadian businesses
In coordination with numerous international allies, Canada has imposed several rounds of sanctions in response to Russia’s recent and ongoing invasion of Ukraine. Those that have business relationships with sanctioned Russian entities or individuals, even indirectly, must evaluate such relationships […]
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 […]
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 […]
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, […]
