A foul ball to the head: No negligence established under the Occupier’s Liability Act
Introduction The British Columbia Court of Appeal, in Rivers v North Vancouver (District), 2021 BCCA 407, considered a negligence claim brought pursuant to the common law and British Columbia’s Occupiers Liability Act (the « Act »). In doing so, they clarified what […]
British Columbia Court of Appeal comments on the test for want for prosecution applications
Introduction The Court of Appeal for British Columbia (the “Court of Appeal”), in Drennan v Smith, 2022 BCCA 86, provided significant commentary on want for prosecution applications and warned of possible changes to come. Mr. Tyler Drennan (the “Appellant”) appealed […]
Fareeha Qaiser featured in Canadian Muslim Lawyers Association profile
Fareeha Qaiser is featured in a profile by the Canadian Muslim Lawyers Association. She speaks to her inspiration for joining the legal profession and experiences as a Muslim lawyer. Read the full profile.
British Columbia Court of Appeal clarifies indivisibility analysis
Introduction The Court of Appeal for British Columbia (the “Court of Appeal”), in Neufeldt v. Insurance Corporation of British Columbia, 2021 BCCA 327, recently provided significant commentary on the important yet difficult issue of indivisible injuries. Insurance Corporation of British […]
Changes in “occupants” found not to be a material change in risk for the purpose of voiding a home insurance policy
The British Columbia Supreme Court in Dubroy v. Canadian Northern Shield Insurance Co., 2021 BCSC 352 held that a home insurance policy was not rendered void because there was no material change in risk arising from a change in occupants. […]
British Columbia Court of Appeal confirms a strict two-year limitation period to commence third-party claims
Introduction The Court of Appeal in Sohal v. Lezama, 2021 BCCA 40 (“Sohal”) recently held that a court does not have the discretion to permit a third-party notice for contribution and indemnity (“contribution”) if the limitation period has expired under […]
The effect of BC Ferries settlement agreements on apportionment of liability and damages at trial
A recent case from the British Columbia Supreme Court dealt with the procedure for apportionment of losses after a BC Ferries Settlement had been reached between some of the defendants. In Conarroe v Tallack, the claim arose out of two […]
Leave to appeal to Supreme Court of Canada on issue of insurer’s potential waiver of rights
An appeal of a decision from the Ontario Court of Appeal, Bradfield v Royal Sun Alliance Insurance Company of Canada, 2019 ONCA 800, has recently been granted leave to appeal to the Supreme Court of Canada. The basis of the […]
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 […]
