Case Commentary: Himark Homes Ltd. v Janas, 2017 BCSC 1719 and Subrogated Warranty Claims Against Building Consultants
Introduction All new homes constructed in British Columbia are required to be protected by home warranty insurance obtained by the builder. Generally, pursuant to the terms and conditions of the warranty insurance, the builder is required to remediate any deficiencies...
Cybersecurity In Canada: What to Expect in 2018
Globally, 2017 saw a year-over-year increase from 2016 in the number cyberattacks and data breaches that were reported in the media and to various regulators. Canadian organizations (public and private) were no exception to this global trend. Interestingly, attackers did...
Liability Issues for Architects Revisited: An Analysis of Vermilion & District Housing Foundation v Binder Construction Limited
In the June 6, 2017 decision of Vermilion & District Housing Foundation v Binder Construction Limited, 2017 ABQB 365, the Alberta Court of Queen’s Bench considered claims by a building owner against multiple parties arising from alleged defects with the...
Cybersecurity: Are Social Engineering Attacks Covered Under Insurance Policies?
Cybersecurity incidents are a popular topic of coverage in the press. These incidents range from hacking into organizations that hold a large quantity of data about clients, employees, vendors and other stakeholders to duping employees to transfer funds into fraudulent...
Tavern Claims: Intoxication Does Not Equal Liability
Tort claims against tavern owners in the province of Ontario are typically advanced as a breach of the common law duty of care and a breach of the Liquor Licence Act[1] provisions in relation to the service of alcohol. The...
Mediation in British Columbia: Does Mandatory Mediation Mean Mandatory Attendance for Lloyd’s Underwriters?
Introduction While claims against building professionals and consultants are common, very few of those claims ever go to trial. The vast majority of claims are resolved through mediation. In British Columbia, any party to an action can force the other...
When Is a Release Full and Final?
In the May 5, 2017 decision of Biancaniello v. DMCT LLP, the Ontario Court of Appeal considered whether a release operated to bar a claim even though the claim was unanticipated and unknown at the time the release was executed...
Lloyd’s Review – Deslaurier Custom Cabinets Inc. v 1728106 Ontario Inc. 2016 ONCA 246
This case deals with cross-indemnity obligations under a commercial lease following a fire that destroyed both the Landlord’s premises and the business of the Tenant. The plaintiff was the Tenant of space in a light industrial building. The lease required...
Coverage Issues in Sexual Abuse Claims (Part 2)
In the October 3, 2016 edition of the Lloyd’s Brief I addressed the challenges of limitations in sexual abuse claims. The article discussed coverage issues including difficulties associated with proving policies of insurance in historical sexual abuse claims, the interpretation...
Privacy Commissioner Issues Report on Ashley Madison Cyber-Attack
This fall, the Office of the Privacy Commissioner of Canada (the “OPC”) and the Australian Privacy Commissioner released a joint report summarizing their findings following an investigation into the Ashley Madison cyber-attack. The report discusses the shortcomings of Ashley Madison’s...
