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Thursday, April 08, 2021 @ 12:47 PM

Report urges insurance companies to start thinking about climate change now Janis Sarra, UBC School of Law

Climate change has been called an existential threat to our planet, with scientists saying rising temperatures are causing more frequent and severe weather-related events such as flooding and wildfires. And now a group of legal experts is saying the time has come for insurance companies in Canada to start thinking about how to manage climate-related risk because of the unique challenges they face. ... [read more]

Thursday, April 08, 2021 @ 8:49 AM

B.C. seeking stay of automobile insurance decision B.C. Attorney General David Eby

The B.C. government is applying for a partial stay of a recent court decision which struck down as unconstitutional its move to send certain automobile insurance matters to a provincial small claims tribunal. ... [read more]

Tuesday, April 06, 2021 @ 12:30 PM

Negotiating expropriation process: Expertise of appraisers Three people at table talking about real estate

When navigating the expropriation process, regardless of whether one chooses to voluntarily convey their land to the government (Expropriating Authority) for its public works project or one decides to proceed via an involuntary taking involving delayed compensation, it is essential for landowners to retain their own appraisers and valuators to accurately assess what their taken property is worth. ... [read more]

Tuesday, April 06, 2021 @ 11:14 AM

Women’s History Month: Where we’ve come from, where we are going | Charlene Theodore

The Ontario Bar Association’s work on gender equality in the profession has spanned several years. In that time, we have learned that a gender wage gap is just one part of a broader opportunity gap that women experience from the very start of their careers. Featured prominently within these experiences are unequal opportunities to build relationships, develop skills and work on the kinds of files that advance careers.   ... [read more]

Tuesday, April 06, 2021 @ 10:12 AM

Exacerbation of injury is correct measure of damages in a crumbling skull case Woman holding back in pain

In the case of Boyetchko v. Mentias 2021 BCSC 172, the plaintiff, Lynn Boyetchko, was involved in two separate motor vehicle accidents over three years apart. The defendants in each action admitted liability for the accidents and that the plaintiff suffered injuries but disputed that those injuries were caused by the accidents. ... [read more]

Wednesday, March 31, 2021 @ 1:46 PM

Court upholds unlimited coverage for construction mitigation losses Hand with pen pointing to contract

In Surespan Structures Ltd. v. Lloyds Underwriters 2021 BCCA 65, the British Columbia Court of Appeal held that a professional liability insurance policy contained no monetary limit in relation to one component of its coverage. Specifically, while the policy included limits, these were found not to apply to loss mitigation coverage for a construction project worth approximately $400 million. ... [read more]

Tuesday, March 30, 2021 @ 2:04 PM

Evidence-based legal practice: The value of data in litigation Woman lawyer analyzing legal data

Professionals are paid for their judgment and experience. That judgment and experience should be supplemented, wherever possible, by empirical data. ... [read more]

Monday, March 29, 2021 @ 2:03 PM

Negotiating expropriation process: Offers, voluntary conveyances Little house on a person's hand

When the government (Expropriating Authority) decides to take your land in order to complete a public works project, you may be apprehensive about negotiating for additional compensation. After all, it is natural to be afraid of a large, incorporeal entity that is entitled to take your land by statute. Nonetheless, right from the outset of the process, you will need to make important decisions in order to bolster your negotiation position. Initially, these choices will depend largely on whether you are willing to voluntarily give up your land or not. ... [read more]

Friday, March 26, 2021 @ 1:02 PM

Confidence in virtual proceedings important for justice system Headphone and mike on a laptop

Confidence in virtual proceedings is important for the justice system now that it seems clear that virtual is going to be a part of how civil, criminal and administrative hearings in Canada, and globally, will be conducted long term, even after the COVID-19 pandemic is behind us. ... [read more]

Friday, March 26, 2021 @ 8:07 AM

Appeal Court ruling on data exclusion clauses significant for insurance bar, say lawyers Deepshikha Dutt, partner, Dentons

Insurance lawyers are hailing a recent Ontario Court of Appeal decision as the high court’s first test of data exclusion clauses that are increasingly a fixture of commercial general liability policies. “It’s a case that’s right on topic with what is happening in the data and cyberworld,” Deepshika Dutt, a Toronto-based partner with Dentons said of the Appeal Court’s March 15 unanimous decision in Family and Children’s Services of Lanark, Leeds and Grenville v. Co-operators General Insurance Company 2021 ONCA 159. ... [read more]