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MT Insurance Law Blog
The effect of BC Ferries settlement agreements on apportionment of liability and damages at trial
May 5, 2020
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A recent case from the British Columbia Supreme Court dealt with the procedure for apportionment of losses after a BC Ferries Settlement had been reached between some of the defendants. In Conarroe v Tallack, the claim arose out of two...
COVID-19 and accidental death coverage
April 29, 2020
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No one intends to contract COVID-19. In fact, most rational people intend to do just the opposite. What if, despite your best intentions/precautions, you contract COVID-19 by accident? What if this unfortunate event results in your death? Is there a...
Leave to appeal to Supreme Court of Canada on issue of insurer’s potential waiver of rights
April 27, 2020
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An appeal of a decision from the Ontario Court of Appeal, Bradfield v Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800, has recently been granted leave to appeal to the Supreme Court of Canada. The basis of the...
Case Commentary: Provost v. Dueck Downtown Chevrolet Buick GMC Limited, 2020 BCCA 86
March 30, 2020
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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
March 20, 2020
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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...
Negotiating terms beyond standard forms
March 4, 2020
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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...
Clarity in Claims against Adjusters in their Personal Capacity
December 13, 2019
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A recent decision of Justice Perell (Burns v. RBC Life Insurance Co., 2019 ONSC 6977) provides some welcome clarity on the issues of whether insurance adjusters owe a duty of good faith to an insured independent of any duty owed...
Pre-judgment Interest on General Damages
December 10, 2019
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In 2015 the Ontario Insurance Act, R.S.O. 1990 c.C.18 was amended to provide that Rule 53.10 of the Rules of Civil Procedure, R.R.O. 1990, which calls for pre-judgment interest at 5%, no longer applies to cases involving car accidents. The...
No Jurisdiction at the LAT for Arbitration Proceedings: Commenced but not Completed at FSCO
September 10, 2019
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The transition of the forum for Statutory Accident Benefits disputes from the Financial Services Commission of Ontario (“FSCO”) to the Licence Appeal Tribunal (the “LAT”), effective April 1, 2016, was not as seamless as anticipated and continues to be the...
Commercial Transactions and All-Risks Coverage
July 31, 2019
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How can a commercial transaction be the subject of indemnity under an all-risks policy? In Heart Zap Services Inc. v. Lloyd’s Underwriters, 2019 ONSC 3667 the plaintiff, Heart Zap Services Inc., received an order from Dr. Thomas Hardy for 25...
Disclaimer
This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.
