22 Nov, 2022 Personal Circumstances Given Weight in a Plaintiff’s Failure to Mitigate: Trafford v Byron, 2022 BCSC 1896 By Brownlee Law This recent decision from the British Columbia Supreme Court commented on a plaintiff’s responsibility to mitigate their damages when...
21 Sep, 2022 Waiting for the Umpire to Make the Call Under BC’s Insurance Act By Michael Colwell Whether in baseball or a court of law, all eyes turn to the officials as they make their decision. As the expression goes: the waiting...
09 Sep, 2022 An Implied Waiver is Not Enough By Leilani Karr Privilege is a legal doctrine under which certain communications, made within the context of certain relationships, will be sheltered...
22 Aug, 2022 B.C. Court Finds no Liability for Company Hired to Clear Municipal Sidewalks By Duncan Taylor By Duncan Taylor, Lawyer A recent decision by the Supreme Court of British Columbia has found that a pedestrian who slips and falls on a...
17 Aug, 2022 Are You Working When Driving Home? Court Says ‘Yes’ By Jesse Stanich By Jesse Stanich, Student-At-Law In the B.C. Court of Appeal case Dhillon v. Workers’ Compensation Appeal Tribunal, 2022 BCCA 251, the...
22 Jun, 2022 Double duty: 'Direct and visible supervision' of third parties is required under BC’s Occupiers Liability Act By Michael Colwell An occupier has a positive duty to make its premises reasonably safe for visitors by taking reasonable care to protect such visitors from...
03 Feb, 2022 Spelling it out: B.C. trial courts must explain their reasoning By Michael Colwell By Michael Colwell, Lawyer Whether writing out long division or a judgment of the Court, it is always good to “show your work”. In both...
09 Aug, 2021 Terminating with care: an insurer’s guide By Michael Colwell In most provinces, insurers seeking to terminate policies must comply with Statutory Condition 5 “Termination of Insurance”. This is...
25 May, 2021 Can an Insurer Rely on Warranty Provisions to Deny Coverage? By Michael Colwell By Michael Colwell, LawyerInsurers seeking to rely on warranty provisions face attacks on two fronts. The insurer will have to contend...
13 May, 2021 Lost in Interpretation: Insurance Claim Arbitration Muddies the Effect of Clear Provincial Statutory Language By Leilani Karr By Leilani Karr, Lawyer S.A. (Re), 2020 BCSC 1323 is relevant less for its underlying issues than for its potential impact on the ability...
18 Mar, 2021 Know the ABs and the BCs of Icy Sidewalk Actions: Comparing Slip and Fall Law in Alberta and British Columbia By Michael Colwell Bonnie Hu By Michael Colwell, Lawyer; and Bonnie Hu, Lawyer Almost 20 years ago, the Alberta Court of Appeal affirmed the decision in Kluane v...
02 Mar, 2021 BC Court of Appeal Says Homeowner Does Not Have to Clear City Sidewalk By Michael Colwell In Der v. Zhao, 2021 BCCA 82, BC’s Court of Appeal recently considered whether a residential property owner has to remove snow and ice...