In the recent case of McCormick v. Plambeck, 2020 BCSC 881 (“McCormick”), the B.C. Supreme Court dismissed the plaintiff’s claim that two parents owed him a duty of care as social hosts as he was a minor who attended their home in the presence of liquor and/or drugs. In McCormick, the 17-year-old plaintiff attended a ...
Insurance law – Errors and omissions policies – Duty to defend – Exclusions – Breach of contract – Arbitration Panasonic Eco Solutions Canada Inc. v. XL Specialty Insurance Co., [2020] O.J. No. 1252, 2020 ONSC 1502, Ontario Superior Court of Justice, March 9, 2020, M. Koehnen J. The insured sought a declaration that the insurer ...
Insurance law – Liability insurance – Limitation of actions – Practice – Summary judgments – Appeals Ferrer v. Janik, [2020] B.C.J. No. 370, 2020 BCCA 83, British Columbia Court of Appeal, March 5, 2020, H. Groberman, A.W. MacKenzie, S. Stromberg-Stein JJ.A. The appellant plaintiffs discovered water leaking into their house two months after purchasing their ...
Insurance law – Public entity insurance – Exclusions – Duties and liabilities of insurer Lincoln (Town) v. AIG Insurance Co. of Canada, [2020] O.J. No. 1071, 2020 ONSC 1456, Ontario Superior Court of Justice, March 10, 2020, P.M. Perell J. An action was brought against the insured town alleging it was negligent in failing to stop ...
Insurance law – Occupiers liability – Exclusions – Notice – Duties and liabilities of insurer – Waiver – Practice – Appeals Apps v. Grouse Mountain Resorts Ltd., [2020] B.C.J. No. 324, 2020 BCCA 78, British Columbia Court of Appeal, March 4, 2020, M.E. Saunders, G.J. Fitch and J.C. Grauer JJ.A. The plaintiff appealed an order ...
Insurance law – Automobile insurance – Actions – Subrogation – Right of insurer to subrogation – Practice – Summary judgments Insurance Corp. of British Columbia v. Teck Metals Ltd., [2020] B.C.J. No. 295, 2020 BCSC 259, British Columbia Supreme Court, February 26, 2020, W.P. Riley J. The plaintiff insurers applied for an order allowing each ...
Insurance law – Commercial general liability insurance – Property damage – Interpretation of policy – Exclusions – Excess liability – Practice – Appeal – Summary judgments Community Electric Ltd. v. Royal & Sun Alliance Insurance Company of Canada, [2020] S.J. No. 53, 2020 SKCA 17, Saskatchewan Court of Appeal, February 21, 2020, R.K. Ottenbreit, L.M. ...
Insurance law – Homeowner’s insurance – Void policy – Material change in risk – Practice – Appeals Schellenberg v. Wawanesa Mutual Insurance Co., [2020] B.C.J. No. 72, 2020 BCCA 22, British Columbia Court of Appeal, January 22, 2020, M.V. Newbury, G.B. Butler and P. Abrioux JJ.A. An outbuilding located on a property owned by the ...
Insurance law – Liability insurance – Errors and omissions policy – Coverage – Limit on liability – Interpretation of policy – Practice – Summary judgments Surespan Structures Ltd. v. Lloyds Underwriters, [2020] B.C.J. No. 33, 2020 BCSC 27, British Columbia Supreme Court, January 10, 2020, W.K. Branch J. A professional liability policy insuring a construction ...
Insurance law – Automobile insurance – Statutory obligations – Cancellation of policy, time cancellation in effect – Arbitration – Practice – Appeals – Standard of review Allstate Insurance Co. v. Ontario (Minister of Finance), [2020] O.J. No. 726, 2020 ONSC 830, Ontario Superior Court of Justice, February 6, 2020, B. Davies J. The insurer cancelled ...
