Is it Going to Cost You More? Upcoming Amendments to British Columbia’s Costs Rules
Costs are traditionally awarded to compensate victorious litigants for expenses incurred in prosecuting or defending a legal claim. The rules governing costs awards in British Columbia will be substantially amended as of July 1, 2016. These amendments will affect costs...
The Latest Word from the Ontario Court of Appeal on the Insurance Tripartite Relationship: a Cautionary Reminder
The general concept of the tripartite relationship is a familiar one to those in the insurance industry: An insurer retains a lawyer to represent its insured in a civil proceeding. The lawyer’s primary duty and loyalty is to the insured,...
Record Keeping: Document Retention Recommendations for Building Professionals
Introduction Practically speaking, it is often inconvenient and costly for building professionals to keep project files; understandably, they do not wish to retain files any longer than necessary. In British Columbia, the provisions of the Limitation Act, S.B.C. 2012, c....
Director’s Liability for Corporate Negligence
Plaintiffs often cast the net broadly to capture every party with assets or insurance capable of satisfying a potential judgment. Directors are often named as defendants in claims related to the negligence of the companies they oversee. Under Canadian law,...
Third Party Notices Must be Filed Fast: BC Court Pronounces that Expediency does not Trump Notices
Fault in construction claims is rarely black or white. Claims usually begin with multiple defendants and, as the litigation progresses, the existing parties often discover that additional potentially at-fault entities should be added. In British Columbia, the proper way to...
Triple Jeopardy: Civil, Disciplinary, and Regulatory Proceedings against Professionals
Members of regulated professions, such as engineers, architects, financial advisors, and health professionals, can face multiple proceedings arising from the same conduct. For instance, for a single event, an engineer may be sued in civil proceedings for negligence, be charged...
Precision Plating Part II: British Columbia Court of Appeal restores effect of Absolute Pollution Exclusion
In 2014, the British Columbia Supreme Court, in Precision Plating Ltd. v. Axa Pacific Insurance Company, 2014 BCSC 602, held that a purportedly “absolute” pollution exclusion was ambiguous in the context of a fire loss. This decision resulted in significant...
The Whole File and Nothing But the File: A Precautionary Tale regarding Disclosure and Production of an Insurer’s Underwriting, and Claims and Investigation Files in the Context of Coverage and Bad Faith Claims
The scope of disclosure and corresponding production of documents typically becomes an issue in the context of an insured’s claim against an insurer for coverage and bad faith. Inevitably, the insured will demand disclosure and production of the underwriting, and/or...
Limitation of Liability Clauses: Are They Enforceable and Effective?
A frequent issue raised by design consultants is the extent to which they can limit liability for claims through limitation of liability clauses. Although such clauses are enforceable, recent case law raises questions as to their practical effectiveness. Enforceability of...
Conduct of Defence Counsel: A Lesson from the Bench
The Ontario Superior Court of Justice recently set out a laundry list of items that counsel should refrain from doing when defending a claim. In Aiyub Saleh v. Ludwig Nebel, 2015 ONSC 3680, Justice Myers gave defence counsel a shellacking. ...
