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Amendments to the Architectural Institute of British Columbia Code of Ethics and Professional Conduct: The introduction of the requirement to self-report
Introduction Since 2011, the Architectural Institute of British Columbia (the “AIBC”), which is the governing body for architects in the province, has been engaged in a comprehensive bylaw review process. The AIBC appointed a Bylaw Review Committee (the “BRC”), which...
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Bill 118: Changes to the notice period for slip and fall claims in Ontario
On December 8, 2020, Bill 118[1] received Royal Assent, bringing welcomed changes to Ontario’s Occupiers’ Liability Act[2] (the “Act”). The Act sets out the duties and liabilities of those in physical possession or responsibility and control of a premises, otherwise...
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Court of Appeal for Ontario rejects attempt to enforce default judgment against insurer
The Court of Appeal for Ontario has recently released a decision highlighting a little-used provision of the Insurance Act that allows parties to enforce judgments against an insurer directly. Section 132 of the Insurance Act contemplates a party obtaining a judgment...
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Is a partial restriction of business sufficient to trigger the “inability to use” clause in business interruption claims?
Introduction To combat the spread of COVID-19, many governments and public authorities issued orders mandating the closure of, or restrictions upon, businesses. One common order restricted mass gatherings of people in excess of a certain number, which may not have...
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Tarion’s response to COVID-19
The ongoing COVID-19 pandemic has raised new issues relating to insurance and the home building industry. Following a total project suspension, construction has slowly resumed in Ontario, albeit with reduced crews and strained supply chains. These constraints raise increasingly important...
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Update: Burns v. RBC Life Insurance Company
The Ontario Court of Appeal just released an update on certain elements of the Burns[1] decision. While the Court of Appeal did not interfere with the Motion Judge’s decision to strike out the appellant’s statement of claim against the individual...
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“Property damage” in the context of the duty to defend
St. Paul Fire and Marine Insurance Company v. AIG Insurance Company of Canada In 2002 Lockerbie & Hole Eastern Inc. installed a steam heating and cooling pipe system at York University in Toronto. The system was buried in trenches, such...
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Ontario court confirms that insurers are ultimately liable for the conduct of adjusters
In Burns v RBC Life Insurance Co.,1 the Ontario Superior Court of Justice recently confirmed that liability ultimately rests with insurers where their employees are acting within the scope of their employment. The Facts In this case, the plaintiff had...
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Case study: Can a client’s breach of contract give rise to a professional regulatory complaint against a design consultant?
Introduction To what extent can, or should, a design consultant be held responsible by their professional regulatory body for their client’s failure to follow the requirements of a contract with the Authority Having Jurisdiction (“AHJ”)? This interesting question arose in...
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Supreme Court of Canada denies West Van’s appeal for defence of claim by insurers
West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 Brief Facts West Van Holdings Ltd. (“West Van”) owned and operated a dry cleaning business in West Vancouver. Between 1998 and 2002, Intact Insurance Company insured West Van...
