Publications

In the recent case of Lafarge Canada Inc. v. JJM Construction Ltd., 2011 BCCA 453, the British Columbia Court of Appeal limited the application of what is sometimes referred to as the doctrine of “tort immunity”. In Lafarge the Court of Appeal determined that a party that covenants to insure property cannot always shelter itself behind the existence of that insurance to deny responsibility for damage caused by its own acts.

The new year brought changes and a modernization to the Canada Interest Act. An expanded list of entities free to negotiate their own prepayment terms to obtain more favourable long-term lending arrangements was effective January 1, 2012.

Often the hard decisions regarding employee lay-offs and dismissals are postponed until after the holidays. If you are an employer contemplating such a decision, then here are some tips to make this process go as smoothly as possible and to avoid some of the legal pitfalls that could arise from dismissing an employee.

When it comes to resolving broader issues of liability, the starting point of any legal analysis is whether any rules were broken and what is the legal consequence of breaking a rule.

Practical ideas for counsel who are trying to build a convincing claim for loss of earning capacity for self-employed individuals.

As an alternative to outright bequests in a Will, a testamentary trust can address a host of estate planning objectives. Traditionally it’s been a vehicle of choice when providing for beneficiaries either disabled or considered spendthrifts. More and more however, testamentary trusts are established to meet broader, more strategic, and enduring family goals.

In the recent decision of Moldovan v. Republic Western Insurance Company, 2011 BCCA 418, the British Columbia Court of Appeal determined whether an out-of-province auto liability insurer can rely on the two year statutory limitation period in the Insurance (Vehicle) Regulation to preclude a plaintiff from suing for no-fault benefits due under British Columbia’s universal, compulsory automobile insurance scheme. Also considered was whether the plaintiff’s claim could be saved by the postponement provisions in the Limitation Act.

Alexander Construction v. Al-Zaibak, illustrates a common problem in construction management and disputes:  when is termination of a contract effective and how does this affect the 45 day time period in which to file a builders lien.

In this case the owner retained a general contractor to construct a house pursuant to a written contract. The owner and general contractor suffered a poor relationship in the project and ultimately the owner stopped paying the general contractor’s invoices on the project.

The general contractor eventually filed a claim of builder’s lien against title to the owner’s property and sued for the outstanding debt owed on the project.

The holiday party season is upon us and arriving with it is the tricky question of what events are “hosted” by an employer. Is the employer liable if, after an office party, some employees continue to celebrate while others head home?

In Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada, [2010] 2 SCR 245, the Supreme Court of Canada taught us to focus on policy wording, when reviewing coverage, but recent cases have reminded us that the answer will not always be found in the insurance policy. For a number of years, Canadian courts have been using the doctrine of reasonable expectations to interpret ambiguous policy wording. If the wording of an insurance policy is ambiguous, then the doctrine of reasonable expectations can be used to interpret the policy in a manner consistent with the reasonable expectations of the parties.

In the wake of a recent constitutional challenge of BC's helmet law by an unrepresented individual, and the vigorous debate thereon, it behooves me to comment further on the merit of this challenge. There is a tendency to confuse law with political issues. In my view this confusion is at the heart of the challenge.

Nearly ten years after Zurich Insurance Co. v. 686234 Ontario Ltd. (2002), 62 O.R. (3d) 447, the Ontario Court of Appeal has revisited the absolute pollution exclusion in ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales and Mohawk Liquidate), 2011 ONCA 321.  Miracle provides greater clarity on the application of the exclusion and introduces greater consistency within the laws of Canada.

Digital technology brought all of us face to face with the Stanley Cup rioters. Their images were delivered to our homes, workplaces and smartphones via social networking sites. Employers of the rioters were rightfully outraged, and some rioters lost their jobs because their images were depicted in the melee. 

Notice to an insurance broker of a change in an insured's living arrangements may trigger new duties of care for the broker. In Estate of Karen Beck v. Johnston, Meier Insurance Agencies Ltd., the British Columbia Court of Appeal addressed an insurance broker's duty of care in a unique and tragic fact pattern. 

For a number of years, lawyers of Richards Buell Sutton's Commercial Real Estate Group have prepared the Legal Report for MIABC and presented it at their Annual General Meeting. This report is an update of the laws that might concern mortgage lenders.

"Social media" allows individuals to communicate on a highly accessible level through the assistance of technology.  When the workplace and social media interact, a variety of legal and business issues arise. Failure to consider these issues can have negative repercussions for employers and employees alike. 

The Employment Standards website states that on May 1, 2011, minimum wage was increased to $8.75 per hour for most workers, and the training wage was repealed. The minimum wage rate will increase twice more, to $9.50 on November 1, 2011 and to $10.25 on May 1, 2012.

The Ontario Superior Court of Justice in 137328 Canada Inc. v. Economical Mutual Insurance Company, (2011) ONSC 1085 (Alliance v. Economical) recently canvassed the rarely considered right of insurance companies to appoint and instruct liability defence counsel. The case presents a valuable opportunity for insurers to understand what courts will consider when determining an insurer's right to appoint counsel to defend a claim that involves a significant uninsured component.

In July 2010, the Civil Policy and Legislation Office released a white paper on Family Relations Act reform. This paper proposes radical changes to British Columbia's Family Relations Act which had not been comprehensively reviewed since its introduction in the late 1970s.

A recent appearance at a Summary Trial whose sole issue was whether or not our client, a cyclist injured at the hands of an unidentified driver, was at the time of the accident, "ordinarily resident" within BC.

Last week, the BC Court of Appeal overturned a significant award to a Cambie Street merchant following years of litigation surrounding the cut and cover construction project of the Canada Line transportation system.  However, The Court of Appeal did not disturb the trial judge's finding of nuisance which will no doubt give construction project owners and neighbouring businesses to construction projects further cause to consider the impact of the law of nuisance.