The loss of perishable products: Does this constitute physical damage sufficient to trigger coverage?
One of the many issues arising from the coronavirus (COVID-19) pandemic is whether business losses resulting from mandatory and voluntary shut-downs will be covered under business interruption coverage. Most business interruption policies require direct loss or physical damage to property […]
Proposed National Class Action filed seeking payouts for business interruption insurance
Introduction A Saskatchewan-based restaurant has launched a proposed national class action challenging insurers’ refusal to pay business interruption claims in relation to losses suffered due to COVID-19.[1] The action names Aviva Canada Inc., Co-Operators General Insurance Company, Desjardins Financial Security […]
Coverage under business interruption and general liability policies for Coronavirus related claims
Introduction The Coronavirus pandemic has affected the lives of everyone on Earth in a way that none of us have experienced before. To date there are more than 525,000 cases worldwide, just over 4,000 of which are in Canada.[1] The […]
Case Commentary: Provost v. Dueck Downtown Chevrolet Buick GMC Limited, 2020 BCCA 86
A recent case issued by the British Columbia Court of Appeal provides guidance regarding the duty of care owed by business owners and confirmed the principles with respect to the determination of a novel duty of care. A GM Sierra […]
Validity of builder lien claims
JVD Installations Inc. v. Skookum Creek Power Partnership, 2020 BCSC 374 On March 13, 2020, the Supreme Court of British Columbia released its decision in JVD Installations Inc. v. Skookum Creek Power Partnership, 2020 BCSC 374. This decision discussed and […]
Joint & Several Liability for Engineers
Canadian Consulting Engineer, March/April 2020
Construction litigation involving engineers has become more common, but also more complex. One example of this trend, which can be particularly problematic, is the rule of joint and several liability. This rule can encourage a ‘shotgun’ approach to litigation, give […]
Negotiating terms beyond standard forms
A recent decision of the British Columbia Supreme Court (Surespan Structures Ltd. v. Lloyds Underwriters, 2020 BCSC 27) confirms that when insurance companies negotiate the terms of a policy beyond their standard forms or precedents, they must beware of failing to […]
Bad faith and punitive damages: Stewart v. Lloyd’s Underwriters
The Lawyer's Daily
In the case of 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 the duty of good faith. Read the full article: Bad faith and […]
Bad faith & punitive damages update – case commentary – Stewart v. Lloyd’s Underwriters
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 […]
Material Misrepresentation and Material Change in Risk: BC Case Commentaries
Introduction In two recently released cases, the British Columbia Supreme Court considered an insurer’s ability to have an insurance policy declared void ab initio by reason of material misrepresentation and material change in risk. The insurer was successful in one […]
