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...
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...
27 Oct, 2021 The Supreme Court of Canada Weighs the Validity of Limitation of Liability Clauses By Michael Colwell By Michael Colwell, Lawyer At times, the Civil Code in Quebec departs from upholding freedom of contract in order to neutralize “abusive”...
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...
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...
26 Nov, 2020 Limiting Liability for COVID-Related Claims By Michael Colwell Laws in two provinces aim to limit individual and corporate liability for claims arising in the pandemic context. The enactments will...
10 Aug, 2020 Care home insurers add “Contagious Disease Exclusion Endorsement” to limit COVID-19 losses By Michael Colwell As the pandemic unfolds, long term care and similar health organizations are facing new liability exposure. Specifically, a resident may...