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Thursday, February 20, 2020 @ 9:18 AM

Judge’s reasoning ‘tainted by his erroneous view’ of required notice, court rules

In a dispute over the breach of a settlement agreement, the Ontario Court of Appeal has allowed the appeal of an insurance company regarding notice of forfeiture and has declined to grant relief from forfeiture to the respondent company. ... [read more]

Thursday, February 20, 2020 @ 8:31 AM

What every firm should know about e-discovery: Evaluation and implementation ediscovery_software_sm

The need for e-discovery is well documented. So, now that we’ve gotten the “why” out of the way, let’s look at the “how” part of the story. It’s one thing to say, “I want an e-discovery solution,” but knowing how to choose, implement and run one is an entirely different matter. And it’s where even the best intentions go to die. ... [read more]

Wednesday, February 19, 2020 @ 1:32 PM

Representation and warranty insurance expanding in Canada insurance_risk_sm

In M&A transactions, the representations and warranties, as well as the related indemnity and holdback provisions, are major points of negotiation. The purpose of these provisions is to allocate the risk of liability between the seller and buyer. However, the required due diligence and the negotiation process can be enormously costly and ultimately the deal may fall apart as the risk cannot be allocated in a manner that is satisfactory to both parties. ... [read more]

Wednesday, February 19, 2020 @ 9:34 AM

Can co-ownership syndicate take action against co-owner for loss? Group of buildings

The formal notice is the last chance for a debtor to remedy their default. The failure of the creditor to provide a formal notice to the debtor may have serious consequences, including the dismissal of their case. ... [read more]

Friday, February 14, 2020 @ 1:27 PM

Bad faith and punitive damages: Stewart v. Lloyd’s Underwriters First-aid kit on balance with money

In the case of Stewart v. Lloyd’s Underwriters 2019 BCSC 1582, the British Columbia Supreme Court considered a claim for punitive damages arising from the insurer’s alleged breach of the duty of good faith. The court held that punitive damages were warranted and awarded $100,000, the largest award in B.C. since Whiten. ... [read more]

Thursday, February 13, 2020 @ 12:57 PM

Social media effect: Privacy and proper use of surveillance at trial Social media icons

Over the years, surveillance has evolved. With the rise of social media, online surveillance has become a common method of choice by insurers. Parameters surrounding how broad and far-reaching the practice should be, and how best to balance it with rights to privacy, have become the focal point of many legal motions and arguments. ... [read more]

Tuesday, February 11, 2020 @ 12:38 PM

Hot-tubbing and pretrial meetings between damages experts People meeting at table

Although the case was dismissed and no damages were awarded, Justice Darla A. Wilson concluded that the quantum of the financial dependency claim should have been resolved before trial, leaving only the liability and causation issues to be determined at trial. ... [read more]

Tuesday, February 11, 2020 @ 12:16 PM

B.C. no-fault insurance plan will reduce victims’ rights, harm vulnerable people: lawyers CBABC president Ken Armstrong

The government of British Columbia has announced plans to transition to a no-fault automobile insurance system to deal with ballooning costs at the provincially owned Insurance Corporation of British Columbia (ICBC), a move that has raised the ire of many in the provincial legal community. ... [read more]

Tuesday, February 11, 2020 @ 8:43 AM

Stopping coronavirus: Precautions for business travellers coronavirus_stop_sm

For the past month, the world has been on alert after the identification of a novel coronavirus. Governments around the world have been taking action to stop the spread of the disease across international borders. However, the primary responsibility to ensure the containment of the virus falls to individual travellers themselves. There are a number of steps that should be taken by business travellers during this state of emergency to ensure that each is doing their part to protect the public health. ... [read more]

Monday, February 10, 2020 @ 3:28 PM

Off-coverage positions: Requirement for reasons Car insurance form

An insurance company denying coverage and adding itself as a statutory third party can have major implications on an injured plaintiff’s ability to recover adequate compensation for their injuries. ... [read more]