News

Last Updated September 28, 2022

September 26 - The Duty to Defend and Pollution Exclusions by Jeremy Ellergodt and Paul Cavin of Whitelaw Twining

September 21 - The Divisional Court rules that all employment insurance benefits are deductible under the SABS - featured case study by Petra Sbeiti

September 21 - Waiting for the Umpire to Make the Call Under BC’s Insurance Act by Michael Colwell of Brownlee LLP

September 15 - “What if…?” The Fear of an Increased Risk of Cancer Is Not Compensable Damage Justifying a Class Action by Caroline Cassagnabére

September 9 - An Implied Waiver is Not Enough by Leilani Karr of Brownlee LLP

September 1 - Are Building Developers Liable? Maybe… Condo Corp v JV Somerset by Drew Wilson of Brownlee LLP

August 31 - Access articles further to MB's client seminar.

• Recent Trends in Civil Litigation as a Result of COVID-19 by Nawaz Tahir
• Additional Insureds and Reservation of Rights by Garett Harper
• Judge vs. Jury: Considerations when Planning Your Case Strategy by Van Krkachovski
• Tips for Pursuing a Claim Under the Provisions of the Sale of Goods Act by Marla Kuperhause
• Strategies for Proactively Advancing a Subrogated Claim by Adam Grant

August 30 - Rule 3.45 is not a Limitation Period by Phoenix Howe of Brownlee LLP

August 29 - Temporary Suspension of the Obligation for Corporations to Provide French Translation of English Court Proceedings by Claude-Armand Sheppard of RSS

August 29 - Safe Sport in Canada: An Overview of Litigating and Resolving Safe Sport Disputes by Elizabeth Cordonier of Whitelaw Twining

August 26 - A Reminder of the Basic Differences Between a Builder’s Risk Policy and a Liability Policy by Nathan Hassan Omar by RSS

August 25 - The Shifting Onus of Proof under Section 171 of the Securities Act by Dennis Whincup of Whitelaw Twining 

August 22 - B.C. Court Finds no Liability for Company Hired to Clear Municipal Sidewalks by Duncan Taylor of Brownlee LLP

August 22 - The Cullen Report on Money Laundering in BC: Implications for the real estate sector by Sara Shuchat and Gillian Haggett of Whitelaw Twining

August 19 - Fresh Start? – A Bankruptcy’s Effect on Sanctions Imposed by the British Columbia Securities Commission by Dennis Whincup of Whitelaw Twining

August 18 - Buying a Century-old Property: An Extra Measure of Care Is Required by Stéphanie Beauchamp of RSS

August 16 - Get with the Times: Alberta Court of Appeal Greenlights Videoconferencing by Kara Shaw of Brownlee Law

August 16 - Regional Update on next available civil motion dates - put together by Eric Turkienicz & Nicholas Therens

August 3 - Effects of COVID-19 and Wrong Dismissal Claims by Nesta Chan of Whitelaw Twining

July 28 - Ontario Court of Appeal Upholds Decision to Deny Coverage for Tort of Intrusion upon Seclusion Claims - Case Comment: Demme v. HIROC by Eric Turkienicz and Naomi Santesteban, McCague Borlack LLP

July 22 - A Worrisome Development for Alberta Developers by Jeremy Ellergodt, Brett Layton of Whitelaw Twining

July 13 - Cleaning Up The Act: New Rules of Procedure Coming to B.C. Court of Appeal by Joseph Romanoski & Dennis Whincup, Whitelaw Twining

July 12 - Determination of Notice Periods for Rehired Employees Post CCAA Proceedings - Case Comment: Antchipalovskaia v. Guestlogix by Howard Borlack and Chanpreet Shokar, McCague Borlack LLP

July 7 - SEF 44 Provision is Still Favorable to Insureds by Andrew Bitz, Brownlee LPP

June 29 - COVID Continues: Uncertainty for Employers with Mandatory Vaccine Policies by Annette Bronsch and Spencer Toffoli, Whitelaw Twining

June 29 - Judge vs. Jury: Considerations for Medical Malpractice Cases by Martin Smith & Desneiges Mitchell, McCague Borlack LLP

June 24 - Limitation Periods and Denial of Coverage: Case Comment on Kumarasamy v. WLAC by Jeremy Ellergodt & Paul Cavin, Whitelaw Twining

June 24 - Breaking The Blunt Arrow: Bill 27's Ban on Non-Compete Agreements by Martin Smith and Desneiges Mitchel of McCague Borlack LLP

June 22 - Double duty: 'Direct and visible supervision' of third parties is required under BC’s Occupiers Liability Act by Michael Colwell of Brownlee LLP

June 17 - One Instance of Sexual Harassment Outweighs a 30-Year Spotless Employment Record by Sara Shuchat & Pegah Kenarsari of Whitelaw Twining

June 17 - No One is Perfect: Standard of Care Required of an Occupier is Reasonableness not Perfection by Phoenix Howe of Brownlee LLP

June 13 - Reasonable Safety is Sufficient to Absolve an Occupier of Liability Under the OLA by Phoenix Howe of Brownlee LLP

June 7 - A Time Limit Cannot Be Imposed on the Consent to Operate a Vehicle by Kristina Persaud of Brownlee LLP

May - Constructive Dismissal during the COVID-19 Public Health Emergency by Gordon D. Hamilton, McDougall Gauley LLP

May 20 - Collateral Attacks Fail Against Municipalities by Brownlee LLP litigation team.

May 18 - Alberta Court Refuses to Grant Indefinite Limitation Period for Environmental Liabilities by Duncan Taylor of Brownlee LLP

May 10 - Damaged Curbs Do Not Attract Automatic Liability of Brownlee LLP

May 4 - Sunken Sprinkler Head Can’t Trip Up Municipal Government Act Protections by Brownlee LLP

May 3 - BC Court Decides CERB Payments Should Count Against Damages for Wrongful Dismissal by Martin Smith and Tess Doane of McCague Borlack LLP

May 2 - Quebec Liability Insurance Duty to Defend Update by Nick Krnjevic of Robinson Sheppard Shapiro

April 28 - Minimum Maintenance Standards and Municipal Sidewalks - Case Study: Cromarty v. Waterloo (City) by Van Krkachovski & Conner Sipa of McCague Borlack LLP

April 25 - Cooling Off: Proposed BC Real Estate Buyer Protection by Amy Peck, Whitelaw Twining

April 25 - Passing the Buck: Payment of Productions in Personal Injury Litigation - Case Comment: Endale v. Parker by Garett Harper and Conner Sipa of McCague Borlack LLP 

April 22 - Application of Res Judicata to a Second Lawsuit for Abuse of Proceedings by Alice Bourgault-Roy of Robinson Sheppard Shapiro 

April 21 - In PetroFrontier, Alberta Court of Appeal Advises on Protecting Solicitor-client Privilege When Pleading by Ashley Cosgrove, of Brownlee LLP

April 18 - Not-for-profits ~ BEWARE: Federal privacy laws can apply to not-for-profit corporations by Theresa Hartley and Paul Jacoby of McCague Borlack LLP

April 14 - New Pyke Decision May Create Uncertainty for Municipal Statutory Defences by Drew Wilson, Brownlee Law

April 14 - Federal Government’s Continued Commitment to Establishing a Canada Water Agency by C. Richard Jones, Brownlee Law

April 7 - Recliner Seats Are a Comfort Not a Hidden Hazard: Trip and Fall Case in Theatre Summarily Dismissed by Nabeel & Mark Hein, Brownlee Law

April 4 - Alberta Regulation 23/2022 – Prompt Payment and Construction Lien Act by Joseph Romanoski, Alexandre Maltas, Philip Cho by Whitelaw Twining

April 1 - Financial Planner and Advisor Titles: A New Framework is Announced by Howard Borlack and Kritika Seth of McCague Borlack LLP

April 1 - Defendants are not liable for ‘freak accident’ - Delfs v Stricker, 2022 BCSC 373 by Olivia Rees of Brownlee LLP

April 1 - 'Unparalleled Production' and Lessons for U.S. Litigants Seeking to Compel Discovery of Third-Parties in Ontario - Case Study: Activa TV Inc. v Matvil Corp by Howard Borlack and Conner Sipa of McCague Borlack LLP

March 30 - Dispensing with dispensaries: Pot shops on every corner By Eric Turkienicz and Paul Jacoby of McCague Borlack LLP

March 25 - Force Majeure Clauses: A Reminder for a Volatile 2022 by David Fung & TJ Garcha

March 25 - Trade Disruptions: Navigating Risks to Cargo Interests by David Fung & Kim Wigmore

March 24 - The Difficulties of Relying on the Minimum Maintenance Standards - Case Study: Lloyd v Bush By Van Krkachovski and Tess Doane of McCague Borlack LLP

March 10 - Good Faith, or Preying on Bad Faith? Considerations for Discretionary Clauses by Jesse Stanich, Brownlee LLP

March 1 - You Oughta Know: Recent Court of Appeal Case Reinforces Limitation Period Trigger by Leilani Karr, Brownlee LLP

February 11 - Striking a Jury Notice – Not so fast! by Eric Boate of McCague Borlack LLP

February 7 - No Escape from a Policy Breach Even Years Later Case Study: Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance By Jessica Grant and Ashna Gakhar of McCague Borlack LLP

February 4, 2022 - Think Your Lawsuit is Worth Billions? Think Again by Nabeel Peermohamed of Brownlee LLP

February 3 - Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 - By Alan Drime, McCague Borlack LLP 

December 7 - Admissibility of SPECT Scans as Evidence - Case Study: Meade v. Hussein, 2021 ONSC 7850 By Alan Drimer, McCague Borlack LLP 

December 3 - SCC Refuses to Fault Insurer for Gaps in Investigation by Andrew Bitz, Brownlee Law

November 9 - HBC Trademark Troubles: A review of the Zellers trademark dispute between HBC and a Quebec retail family by Mila Falkenstein and Adam Ostermeier, McCague Borlack LLP 

November 2 - IBC surveyed insurance companies to find out which lawyers and law firms are setting the standard in the Canadian market. McCague Borlack LLP and Howard Borlack individually made the 5-Star list!  

November 2 - In Nelson V Marchi, Supreme Court Clarifies the Core-Policy Defence for Municipalities by Drew Wilson, Brownlee Law