Limitations of Liability Carry the Day
In a recent summary dismissal decision obtained by Miller Thomson LLP, an Alberta court confirmed that properly worded limiting conditions can shield a professional from liability in negligence. In particular, the court found that limiting conditions can exclude liability to...
Builders’ Risk Insurance – The Supreme Court Clarifies the Rules of Interpretation
In a very recent judgment, the Supreme Court of Canada recalled and clarified the rules of interpretation applicable to builders’ risk insurance policies. Facts The owner of Station Lands Ltd. (Station) retained the services of the general contractor Ledcor Construction...
The Challenges of Limitations in Sexual Abuse Claims
Limitation periods provide comfort to both insureds and insurers. With the passing of a limitation period, each can draw comfort from the knowledge that a claim has not been pursued and is not likely to be pursued in the future. ...
Update on Ontario Limitations: Waiting to Complete Examinations for Discovery to Identify Potential Tortfeasors?
After the publication of my article on this subject in April of 2016, the Ontario Court of Appeal upheld the motion judge’s decision in Galota v. Festival Hall Developments Ltd. et al. For a summary of the facts, see our...
Case Commentary: An Insurer is not Responsible for Defence Costs Incurred Prior to Receiving Notice of a Claim – Lloyd’s Underwriters v. Blue Mountain Log Sales Ltd., 2016 BCCA 352
When an insured incurs defence costs prior to giving their insurer notice of the claim, who bears responsibility for those “pre-tender” defence costs? The insurer, which is otherwise responsible for the insured’s defence? Or the insured, which incurred costs without...
Fort McMurray Fire Loss Update: The “Beast” – Its Cost to the Insurance Industry and the Need for Greater Risk Management
Fort McMurray, Alberta is a northern urban community within the Regional Municipality of Wood Buffalo. It is situated in the middle of the Athabasca oil sands and is nestled in a valley surrounded by boreal forest. With a population of...
Upcoming Amendments to British Columbia’s Costs Rules: An Update
This is a brief update on the original article published in our April 7, 2016 issue titled “Is it Going to Cost You More? Upcoming Amendments to British Columbia’s Costs Rules”. On March 31, 2016, the Attorney General of British...
Case Commentary: Defeating an Application to be Added as a Defendant – The Owners, Strata Plan KAS 2971 v. American Bankers Insurance Company of Florida, et al., 2016 BCSC 581
Most actions commenced by a strata corporation[1] alleging negligence in the design and construction of their condominium development name multiple parties as defendants, including the original owner/developer, municipality, general contractor, trades, material suppliers and all consultants, including the architect, engineers...
Looking Through a Dirty Window: Builders’ Risk Policies and the “Faulty Workmanship” Exclusion
On March 30, 2016, the Supreme Court of Canada heard argument in the appeal of the Alberta Court of Appeal’s decision in Ledcor v Northbridge Indemnity Insurance Company. In doing so, the SCC was asked to consider, among other things,...
Ontario Limitations: Waiting to Complete Examinations for Discovery to Identify Potential Tortfeasors?
In Galota v. Festival Hall Developments Ltd. et al., 2015 ONSC 6177 (“Galota”), the Ontario Superior Court of Justice pushed the boundaries of discoverability in the context of limitation periods. While the case addresses a personal injury claim, the implications...
