The loss of perishable products: Does this constitute physical damage sufficient to trigger coverage?
One of the many issues arising from the coronavirus (COVID-19) pandemic is whether business losses resulting from mandatory and voluntary shut-downs will be covered under business interruption coverage. Most business interruption policies require direct loss or physical damage to property...
Coverage under business interruption and general liability policies for Coronavirus related claims
Introduction The Coronavirus pandemic has affected the lives of everyone on Earth in a way that none of us have experienced before. To date there are more than 525,000 cases worldwide, just over 4,000 of which are in Canada.[1] The...
Case Commentary: Provost v. Dueck Downtown Chevrolet Buick GMC Limited, 2020 BCCA 86
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
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...
Joint & Several Liability for Engineers
Canadian Consulting Engineer, March/April 2020
Construction litigation involving engineers has become more common, but also more complex. One example of this trend, which can be particularly problematic, is the rule of joint and several liability. This rule can encourage a ‘shotgun’ approach to litigation, give...
Chris Blom quoted in Canadian Underwriter article on Basilian Fathers appeal
Canadian Underwriter, "Why this religious organization wants to appeal sexual abuse lawsuit"
A corporate defendant found vicariously liable in a multi-million-dollar sexual abuse lawsuit wants to go to the Supreme Court of Canada and seek a new jury trial, a lawyer in MacLeod v. Marshall told Canadian Underwriter Wednesday. In 2018, a jury with the Ontario...
Negotiating terms beyond standard forms
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
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
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
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...
