Timely Disclosure of (Surreptitiously Recorded) Documents
The rules of disclosure are fundamental to the adversarial system. Rule 7-1(21) of the Supreme Court Civil Rules says that a party who fails to ... Continued
Consideration of “Physical Damage” After MDS: Prosperity Electric v. Aviva
Earlier this year we commented on the Ontario Superior Court decision in MDS Inc. v. Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924, where ... Continued
Limits on Expert Reports in Vehicle Injury Claims
We previously wrote about the Crowder decision where Chief Justice Hinkson declared amendments to Supreme Court Civil Rule 11-8 limiting expert evidence in vehicle actions to ... Continued
Protection for Amateur Sport Organizations Against Liability for COVID-19
On June 10, 2020, the Minister of Public Safety and Solicitor General for British Columbia ordered Ministerial Order M183 (the “Order”) – Protection Against Liability ... Continued
COVID-19 and Third-party Liability Claims – the Business Exclusion in Homeowner Policies
The COVID-19 global pandemic has resulted in serious restrictions on how we go about our day-to-day lives and has led homeowners and insurers to raise ... Continued
COVID-19 and Third-party Liability Claims – Homeowner Insurance Policy Coverage
The COVID-19 global pandemic has resulted in serious restrictions on how we go about our day-to-day lives and has led homeowners and insurers to raise ... Continued
COVID-19: Effect of Suspension of Limitation Periods on Lien Claims
On March 31, 2020, we provided you with an article regarding Ministerial Order No. MO86, which suspended limitation periods and other mandatory time limits to ... Continued
Provincial Order Limits Liability of Essential Service Providers – Liability & Coverage Considerations
On April 2, 2020, the Minister of Public Safety and Solicitor General for British Columbia issued a Ministerial Order (the “Order”) under the Emergency Program ... Continued
CW Insurance Law COVID-19 Insurance Series-Effect of Suspension of Two Year Limitation Period
Effective March 26, 2020, British Columbia has suspended all mandatory limitation periods and time periods established by British Columbia enactments and laws by way of ... Continued
COVID-19 and the Vacancy Exclusion in Homeowner Insurance Policies
The COVID-19 global pandemic poses an unprecedented risk to public health and safety and has already had a tremendous impact on our economy, forcing businesses ... Continued
Court Has Been Suspended – Impact of COVID-19 on Trials, Mediation, Discoveries and IME’s
As a result of COVID-19, our Supreme Court of British Columbia has set out certain requirements in order to protect the public: maintain and preserve ... Continued
COVID-19 And Business Interruption: Is It Covered By Your Commercial Property Policy?
The COVID-19 global pandemic poses an unprecedented risk to public health and safety and has already had a tremendous impact on our economy, forcing businesses ... Continued