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Wednesday, October 02, 2019 @ 2:19 PM

Difference between building defect, title defect crackedhouse_sm

The use of title insurance has become a typical aspect of commercial and residential transactions. The benefits of title insurance include protecting an insured against title and other defects. With the proliferation of title insurance policies over the last couple of decades has come case law which sets out the extent of title insurance coverage. One such area of judicial examination concerns building defects. When will a building defect constitute a title defect? ... [read more]

Tuesday, October 01, 2019 @ 9:20 AM

B.C. disability insurance decision commentary on access to justice, law prof says Toby Goldbach, UBC School of Law

The B.C. Court of Appeal has ruled a woman pursuing a disability insurance claim is entitled to special legal costs even though there was no improper conduct from the insurance company, a decision being called significant because it would allow trial courts to consider a litigant’s personal and financial circumstances when determining costs. ... [read more]

Monday, September 30, 2019 @ 3:51 PM

Uninsured parties and Ontario’s Motor Vehicle Accident Claims Fund Head-on collision

In Ontario, the requirement that all licensed motor vehicles have valid insurance means that, in most cases, there will be an insurer to respond. There are, however, circumstances where there is no insurance. In these cases, the lawyer should consider whether Ontario’s Motor Vehicle Accident Claims Fund may be in a position to respond to their clients’ claims. ... [read more]

Friday, September 27, 2019 @ 1:44 PM

Builder’s risk or commercial general liability: which insurance policy applies? House under construction

When unfortunate circumstances (e.g. flood, fire, etc.) cause significant damage to a major renovation or expansion project while construction is underway, including damage to newly renovated property and pre-existing property, which insurance policy(ies) ought to cover the losses? ... [read more]

Thursday, September 26, 2019 @ 12:56 PM

Should alternative medical treatments be covered by health care insurance benefits? Medical_cannabis_on_cross

It is a question that insurers are regularly confronted with in the context of claims for medical cannabis. While these claims elicit a degree of skepticism, the increasing use of cannabis as a legitimate treatment modality may warrant a change in prevailing attitudes. ... [read more]

Tuesday, September 24, 2019 @ 12:14 PM

Gene genie: Why criminal law power to protect genetic information is constitutional Bluebodyscience

Science can now peer into the very code of life, the recipe that makes up who we are. DNA testing can tell, with a high degree of certainty, whether we are likely to fall prey to certain illnesses or transmit them to our descendants. ... [read more]

Monday, September 23, 2019 @ 9:30 AM

ACCIDENT BENEFITS - Income replacement

Appeal by Cop from a decision of the Automobile Accident Insurance Commission allowing in part only his claim to income replacement benefits. ... [read more]

Friday, September 20, 2019 @ 6:21 AM

PROPERTY INSURANCE - Business policies - Risk or perils

Appeal by the plaintiffs from a judgment that dismissed the entirety of their first action and part of their second action for insurance coverage. ... [read more]

Thursday, September 19, 2019 @ 2:12 PM

Legal cross-fertilization at Supreme Court of Canada: Recent trends | Lawrence David

The Supreme Court of Canada (SCC) gives Canadians many reasons to be proud of its important work. For one, Canadians can boast about their Supreme Court being the only bilingual and bijuridical apex judicial institution in the world. Appeals are heard in English and French and, reflecting Canada’s legal diversity, from both the common law and civil law traditions. ... [read more]

Thursday, September 19, 2019 @ 9:11 AM

Legal aid, auto insurance among areas of focus for new B.C. bar association president CBABC president Ken Armstrong

The new president of the Canadian Bar Association, B.C. Branch (CBABC) says there is a crisis in the provincial legal aid system that is seeing too many people miss out on the proper supports they need. Ken Armstrong, who took office as CBABC president Sept. 1 after previously serving as vice-president and secretary-treasurer, said the CBABC “needs to continue to keep pressure on the government” on legal aid. ... [read more]