Miller Thomson LLP | MT Insurance Law Blog
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Miller Thomson LLP | MT Insurance Law Blog
2y ago
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 ..read more
Miller Thomson LLP | MT Insurance Law Blog
2y ago
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 ..read more
Miller Thomson LLP | MT Insurance Law Blog
2y ago
Introduction In the recent decision of Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada, the Supreme Court of Canada considered the application of the doctrine of promissory estoppel in the context of a ..read more
Miller Thomson LLP | MT Insurance Law Blog
2y ago
Introduction In the recent decision of Nelson (City) v. Marchi, the Supreme Court of Canada clarified the law with respect to what constitutes a “core policy decision” rendering a government or public authority immune from liability. In this particular case ..read more
Miller Thomson LLP | MT Insurance Law Blog
2y ago
Introduction Recently, in the context of an alleged “shaken baby” claim, the Supreme Court of British Columbia considered whether an insurer had a duty to defend a claim against its insured arising from allegations framed in both negligence and assault. ..read more
Miller Thomson LLP | MT Insurance Law Blog
2y ago
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 ..read more
Miller Thomson LLP | MT Insurance Law Blog
2y ago
Twenty-five years ago, Louis Champagne radiomutuel inc.[1] established the right to obtain a copy of the opposing party’s insurance policy in order to involve its insurer in the claim. This right was confirmed in a recent Court of Québec judgment.[2 ..read more
Miller Thomson LLP | MT Insurance Law Blog
3y ago
Introduction In the recent case of Architectural Institute of British Columbia v. Langford (City), the British Columbia Supreme Court conducted a judicial review of the issuance of a building permit for the construction of a residential/commercial strata complex in the ..read more
Miller Thomson LLP | MT Insurance Law Blog
3y ago
The High Court of England and Wales released its decision in a much-anticipated test case on September 15, 2020. The case was brought by the United Kingdom’s Financial Conduct Authority (the “FCA”). The FCA brought the proceeding against a number ..read more
Miller Thomson LLP | MT Insurance Law Blog
3y ago
The Supreme Court of Canada has recently granted leave to appeal the decision of the B.C. Court of Appeal in Marchi v Nelson (City of), 2020 BCCA 1. The key question on appeal is whether certain acts or omissions on ..read more