Carfra Lawton LLP | Victoria BC

Coverage forfeited after Cellphone Records Contradict...

The plaintiff in Winterbottom v. ICBC, 2018 BCSC 1638, sought insurance coverage for his truck, which he claimed had...

Strata Sprinkler System Coverage Under New Home Warranty

In The Owners Strata Plan 4249 v. Travelers Insurance Company of Canada, 2018 BCSC 114 the BC Supreme Court...

Costs Consequences of Wrongful Denial of Coverage by...

In its recent decision in Williams v. Canales 2016 BCSC 1811, the BC Supreme Court held that the costs...

Absentee Landlord Responsible for $50,000 Strata...

The BC Supreme Court has issued an authoritative statement on the issue of whether a strata corporation is obligated...

Insurance is Valid If You Don’t Know What Your Tenant...

In Bahniwal v. The Mutual Fire Insurance Company of British Columbia, 2016 BCSC 422, the plaintiff sued her insurer...

Negligent failure to prevent bullying excluded from...

In Unifund Assurance Company v. D.E. et al, 2015 ONCA 423, the insurer successfully appealed after it was ordered...

Cost of Pain Clinic is a Mandatory Part 7 Benefit...

In Park v. Targonski 2015 BCSC 1531 the plaintiff was awarded damages for injuries sustained in a motor vehicle...

Court of Appeal Finds Designated Driver Entitled to...

In Felix v. Insurance Corporation of British Columbia 2015 BCCA 394 the BC Court of Appeal overturned the BC...

Proof of Intoxicating Nature of Substance Required for...

In Venkataya v. ICBC 2015 BCSC 1583 the plaintiff sought replacement of his vehicle under his collision policy. ICBC...

All-risks policy excludes damages caused indirectly

In the matter of Wynward Insurance Group v. MS Developments Inc. 2015 BCSC 324 the court was asked to...

General liability insurance policy does not respond to...

There are many types of insurance, each with a particular function. Add in other features such as additional insureds,...

Cap on Lessor’s Liability at $1,000,000

The BC court of appeal has reinforced the $1M cap on a motor vehicle lessor’s vicarious liability. In Stroszyn v....

Tell ICBC the truth about who is the principal operator...

In Lau v Insurance Corporation of British Columbia 2014 BCCA 442 22 year old Victa Lau collided with another...

Contribution towards a landlord’s insurance passes...

In Giddings Holdings Ltd. v. High 2014 BCSC 1658 the plaintiff sued the defendants alleging they were negligent in...

When must a CGL provide excess coverage for an MVA?

The British Columbia Court of Appeal recently decided when an auto insurer can take advantage of coverage for excess...

Reasonable Expectations Used to Resolve an Ambiguity in...

The British Columbia Supreme Court, in Precision Plating Ltd. v Axa Pacific Insurance Company 2014 BCSC 602 confirmed the...

ICBC Not Required To Pay For Injuries To Designated Driver

In Felix v Insurance Corporation of British Columbia 2014 BCSC 166 the BC Supreme Court recently held that the...