Canadian Liability Issues in Motor Truck Transport Claims: Significant Differences across Canada
By Kim A. Wigmore, Scott B. Twining and Michael D. Silva
July, 2010
An analysis of significant differences across Canada in liability issues in motor truck transport claims. (pdf, 50Kb)
Economical v. Aviva - Case Summary
By William G. Neen and Marko Vojvodic
June, 2010
Case Summary for Economical Mutual Insurance Company v. Aviva Insurance Company of Canada. (pdf, 10Kb)
Progressive Homes Decision
By David K. Plunkett
October, 2009
The SCC grants leave to appeal the Progressive Homes decision and will address the duty to defend on a CGL policy. (pdf, 84Kb)
Summary of the Progressive Homes Court of Appeal Decision
By David K. Plunkett
March, 2009
Summary of Progressive Homes Court of Appeal Decision on the Duty to Defend on a CGL Policy. (pdf, 73Kb)
Overview of Substantive Changes to the Insurance Act (B.C.)
By John M. Moshonas, John A. Vamplew and Robert B. Lilly
February, 2009
An overview of the major changes affecting the British Columbia Insurance Act. (pdf, 212Kb)
Examining the impact of legislative changes on health care costs recovery.
By William C. Glover
June, 2008
Examining the impact of legislative changes on health care costs recovery. (pdf, 69Kb)
10 Things Property & Casualty Insurers Should Know About the Proposed Amendments to the B.C. Insurance Act
By John A. Vamplew
May, 2008
Of the numerous changes that the new B.C. Insurance Act will bring, this article discusses ten that will have the most significance to property and casualty insurers in B.C. (pdf, 78Kb)
Recent Developments in the Law of Tender - One Step Forward and One Step Back
By Lyle E. Braaten
April, 2008
A summary of the recent Tercon decision in the area of tendering. (pdf, 130Kb)
Narrowing the Scope of Canadian Maritime Law
By Kim A. Wigmore
November, 2006
Case Comment: Isen v. Simms, [2006] SCJ No. 41 (SCC) (pdf, 609Kb)
Case Comment: Jesuit Fathers of Upper Canada v. Guardian Insurance Co. of Canada
By John A. Vamplew and R. Nigel Beckmann
July, 2006
What is a claim? This paper examines the impact of the recent SCC Jesuit Fathers case.
(pdf, 631Kb)
Trends in Liquor Host Liability
By Kim A. Wigmore
May, 2006
This paper provides a comprehensive review of commercial, employer and social host liquor liability. (pdf, 188Kb)
Subrogation: Basic Principles, Emerging Trends and Practical Considerations
By John M. Moshonas and John A. Vamplew
February, 2006
Paper by John Moshonas, John Vamplew and Sean Lerner prepared for the CLE of BC Insurance Law Conference 2006. (pdf, 218Kb)
Products Liability Claims
By Daniel A. Shugarman and R. Nigel Beckmann
October, 2005
Basic principles of Products Liability law in Canada and U.S. (pdf, 115Kb)
Small Vessel Monitoring & Inspection Program
By Kim A. Wigmore
August, 2005
Liability Implications that may affect the Marine industry (pdf, 74Kb)
Inherent Vice & Fortuitous Events in Marine "All Risks" Policies
By Kim A. Wigmore
July, 2005
A Case Comment on Nelson Marketing v. Royal & Sun Alliance (pdf, 89Kb)
NEW COURT DECISION ON "DEBRIS REMOVAL"
September, 2004
ICBC's third-party liability coverage applies to a spill of industrial rolls of paper. (pdf, 114Kb)
WRONGFUL IMPRISONMENT & THE LOSS PREVENTION OFFICER
July, 2004
How businesses which employ security personnel may avoid wrongful imprisonment claims. (pdf, 100Kb)
A DEPARTMENT STORE'S OBLIGATION
July, 2004
A summary of the department store's duty of care owed to customers pursuant to the Occupier's Liability Ac (pdf, 157Kb)
TORT REFORM IN BRITISH COLUMBIA
By John A. Vamplew
February, 2004
With its Civil Liability Review, the B.C. government has proposed dramatic change to the B.C. tort system. (pdf, 185Kb)
MOTOR CARRIER LIABILITY & COVERAGE ISSUES
By Kim A. Wigmore
October, 2003
Some issues which can arise with a contract for carriage over land by a motor carrier. (pdf, 1,293Kb)
UNIFUND INSURANCE V. ICBC
By Tara J Cluff
October, 2003
SCC rules Ontario insurer can't recover from ICBC for accident in BC. (pdf, 133Kb)
TOXIC MOULD – AN INSURANCE PERSPECTIVE
By Lyle E. Braaten
June, 2003
Ballard v. Fire Insurance Exchange and the future of mould litigation in Canada. (pdf, 199Kb)
The life insured's duty to disclose:
By John A. Vamplew
May, 2003
The consequences of material misrepresentation and non-disclosure and the effect of insurance policy application forms on the insured's duty to disclose. (pdf, 218Kb)
Supreme Court Decisions In K.P. Pacific and Churchland
By John M. Moshonas
May, 2003
The Supreme Court Of Canada clarifies the limitation for property claims. (pdf, 257Kb)
Interpreting accidental Death Policies
By John A. Vamplew
May, 2003
SCC's decision in Martin v. American Intl. changes the reading of accidental death policies. (pdf, 168Kb)
Motor Carrier Law in B.C. is Clarified
By Kim A. Wigmore
April, 2003
B.C. Supreme Court considers the important issues of limitation of liability and notice. (pdf, 110Kb)
The "Care, Custody and Control" CGL Exclusion
By John A. Vamplew
December, 2002
BC Supreme Court clarifies the CGL exclusion, "personal property in your care, custody and control." (pdf, 88Kb)
Valmet Paper Machinery Inc. v. Hapag-Lloyd et al
By Kim A. Wigmore
October, 2002
Can motor carriers limit their liability based on their waybill, statutory conditions or industry practice? (pdf, 105Kb)
Monenco Ltd. v. Commonwealth Insurance Company
By John M. Moshonas
September, 2002
The Supreme Court of Canada considered what evidence is admissible on a "duty to defend" application. (pdf, 98Kb)
Derksen v. 539938 Ontario Ltd.
By John A. Vamplew and John M. Moshonas
August, 2002
Supreme Court rejects the "proximate cause" analysis in insurance cases. (pdf, 107Kb)
Parental Responsibility Act, R.S.B.C. 2001, Chapter 45
By James D. Morin
May, 2002
The new parental responsibility legislation came into force on January 1, 2002. (pdf, 134Kb)
Case Comment David Marelj v. Michelle Gosselin et al
October, 2001
The Supreme Court of British Columbia has again addressed the difficult issue of the circumstances in which third party proceedings can be brought. (pdf, 131Kb)
Spoliation and Preservation of Evidence in Products Liability Cases
By T. Ryan Darby and William G. Neen
June, 2001
This paper focuses on preservation of evidence for product liability cases and the recent developments in the law of spoliation (destruction of evidence). (pdf, 135Kb)
Experts - The Basics
By Lyle E. Braaten
May, 2001
This paper will be of interest to insurers, litigation counsel and experts. It outlines steps to follow in preparation of expert opinions. (pdf, 149Kb)
Decision in Orange Julius et al v. Surrey et al
By William G. Neen
May, 2001
This paper discusses the recent decision in Orange Julius et al v. Surrey et al in which the court held that there must be liability of a third party to the plaintiff as a pre-condition of a defendant's right to seek contribution from the third party. Effectively, this means that a plaintiff's unilateral acts or omissions in dealing with third parties can determine whether defendants are entitled to contribution from those parties. (pdf, 118Kb)
A Brief Review of the Strata Property Act
By T. Ryan Darby
April, 2001
This paper gives a brief review of the Strata Property Act and, in particular, provisions relating to insurance and legal proceedings. (pdf, 175Kb)
Directors' and Officers' Liability Coverage - A Piece by Piece Analysis
By T. Ryan Darby and Gregory C. Blanchard
February, 2001
This paper discusses Directors' and Officers' insurance coverage and reviews the basic components of a Directors' and Officers' liability policy. It highlights some coverage issues which are unique to such policies. (pdf, 212Kb)
The Notice to Mediate (General) Regulation
By John A. Vamplew
January, 2001
The Notice to Mediate (General) Regulation has been in force in British Columbia since February 15, 2001 It provides a mechanism by which any party in a non-family civil action can require a mediation to be held. In most instances, attendance by all parties and their insurers is mandatory. This article provides an overview of how a mediation is set up and conducted under the Regulation. (pdf, 112Kb)
Investigating a Products Liability Case
By William G. Neen
August, 2000
This paper presents an overview of the steps an investigator should take in a products liability claim. (pdf, 176Kb)
Decision in Axa v. Elwood
By John M. Moshonas
August, 2000
This case summary considers a decision of the B.C. Supreme Court which held, in the circumstances of the case, a homeowner's insurer had no duty to defend an insured passenger in a motor vehicle who grabbed the steering wheel, causing an accident and injuries. (pdf, 89Kb)
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