Do Liability Waivers Even Work?
*The article was updated on April 15th, 2020 to reflect the Court of Appeal decision in the case of Apps v Grouse Mountain Resorts Ltd. ... Continued
The Pot is not Stirred, the Court of Appeal Confirms – Marijuana Grow Op Is Material Change in Risk
A 2019 B.C. Supreme Court decision dismissing an insurer’s claim for damages against a homeowner insurance company was recently upheld on appeal in Schellenberg v. ... Continued
No Way?! No Fault!!
This morning it was announced that ICBC will move to a “no-fault” system starting May 1, 2021. No-fault insurance guarantees medical and rehabilitation benefits while ... Continued
Breach of Broker Duties, Beware
In the recent case of Duraguard Fence Ltd. v. Badry, the Court held that an insurance broker, in failing to consider the insured’s loss history ... Continued
Austeville Properties Ltd. v. Josan et al.: Exploding Taco Del Mar Decision – B.C. Court of Appeal Speaks on Corporate Attribution & Insurance Covenants in the Context of Arson
Many in Vancouver will remember when the Taco Del Mar restaurant on West Broadway (the “Premises”) exploded in the early morning hours of February 13, ... Continued
MacFarlane v. Canadian Universities Reciprocal Insurance Exchange –Should a professor warning others of a sexual predator colleague be covered by her employer university’s liability policy?
A recent decision of the Ontario Superior Court of Justice, MacFarlane v. Canadian Universities Reciprocal Insurance Exchange, 2019 ONSC 4631, answered the question of whether ... Continued
PCL Constructors Westcoast Inc. v Royal & Sun Alliance Insurance Company of Canada – A Reminder Of The Requirement To Comply With Insurance Statutory Requirements
Insurance policies typically contain a deductible clause, which typically states the amount that an insured is required to pay to the insurer before the insurer ... Continued
ROCKY HEIGHTS v. BIBER 2019 ONSC 3593 – Will the waiver of subrogation operate to protect an insured acting outside of the scope of her role in the corporate insured?
In the recent Ontario decision, Rocky Heights v. Biber, 2019 ONSC 3593, the Ontario Supreme Court was asked to determine whether a subrogated claim could ... Continued
Samantha Ip and Erin Barnes Share Three Part In-Depth Analysis in The Lawyer’s Daily
The notion of what is deemed to be appropriate conduct in the context of insurance claims has been refined by repeated challenges in Canadian courts. ... Continued
Legalizing Cannabis and Risk: Stirring the Insurance Pot
The Cannabis Act allows adults in Canada to grow up to four marijuana plants per household. Has a new legal risk entered the property insurance ... Continued
West Van Holdings Ltd. v Economical Mutual Insurance – Exclusions Must Exclude Clearly and Completely
In the recent case of West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2017 BCSC 2397, the BC Supreme Court considered whether two successive ... Continued
Riding the Waive: Court Clarifies Risks and Consequences of Signing a Waiver
Jamieson v. Whistler Mountain Resort, 2017 BCSC 1001, is a reminder to those that operate and participant in dangerous activities that signing waivers has legal ... Continued