2020

Establishing a daily presence in the home is not equivalent to occupying it, and neither is leasing the place to tenants who have stored some things there prior to moving in, the B.C. Court of Appeal ruled.

If a landlord contracts to obtain property insurance, it assumes the loss if it fails to take out that insurance, even if damages are caused by the tenant’s negligence.

Jamie M. Horyski, counsel for The Great-West Life Assurance Company in Winnipeg, takes us through some of the changes to Manitoba’s Insurance Act that took effect on Sept. 1.

What is the evidentiary standard for proving a claim in inherent diminished value, and how do you quantify damages for repair diminished value?

When it comes to an insurer’s duty to defend, the legal landscape is far from well-mapped despite the Supreme Court trilogy which affirmed the longstanding “pleadings rule.”

In Kozel v. The Personal Insurance Company, the OCA ruled that the fact that the insured didn’t have a valid driver’s licence at the time of an accident had no bearing on whether her insurance company should be on the hook for the claim.

The SCC’s decision in Hryniak v. Mauldin, which urges litigants and counsel to consider the “proportionality principal” before moving forward with litigation, will change the way litigants, lawyers and courts approach summary judgment.

When a bar patron drinks to excess, then drives and causes an accident, the bar can be found to hold a certain degree of blame for over-serving. How much blame is the question.