When your flood exclusion doesn’t actually exclude loss caused by a flood: A recent example
By Meera Jain How will a court resolve ambiguity in a policy where an exclusion purports to remove from coverage damage caused by flood but ... Continued
Back to Tort Law Basics – Plaintiff Fails to Establish a Duty of Care for Slip and Fall on a Municipal Sidewalk
By Meera Jain and Brian Poston In order to advance a claim in the tort of negligence, a plaintiff must first establish that the defendant ... Continued
Civil Resolution Tribunal Jurisdiction Declared Unconstitutional
On March 2, 2021, the Supreme Court declared the legislation authorizing the Civil Resolution Tribunal (CRT) jurisdiction over certain collision claims unconstitutional. In April 2019, ... 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 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
Case Study – Gregory Crowder and Trial Lawyers Association of British Columbia v. Attorney General of British Columbia, 2019 BCSC 1824
On February 11, 2019, the Lieutenant Governor in Council (“LGC”) amended the Supreme Court Civil Rules to limit the use of experts in vehicle actions. ... Continued
Promoting Greater Access to Justice for Vancouver’s Most Vulnerable
Clark Wilson was proud to join Access Pro Bono at the 12th Annual Pro Bono Going Public: Free Legal Advice-A-Thon. This year, twelve lawyers from ... Continued
Plaintiff Entitled to Statutory Accident Benefits Even Where Behavior was Reckless and Foolish
In a recent Ontario decision, Charbonneau v. Intact Insurance Company, 2018 ONSC 5660, the insured made a claim for statutory accident benefits. The insurer denied ... Continued
Meera Jain to Present at Upcoming CBABC Webinar
Meera Jain will be a part of a panel for the April 15th webinar: “Game Changer: The Civil Resolution Tribunal and Minor Injury Motor Vehicle ... Continued