Property Insurance

Our Property Insurance Group has expertise in all classes of commercial and personal lines property insurance, including "all risks" and "named perils" commercial property, boiler and machinery, builders risk, course of construction, special risks, inland marine, and homeowners.

Working closely with insurers and professionals in the adjusting, engineering, construction, accounting, environmental, technology, investigation, and management communities, the members of this group are dedicated to providing our clients with the necessary assistance to promptly investigate and assess coverage for virtually any first party property damage and/or time element/business interruption claim.

Services

Our lawyers provide a range of services on a time-sensitive basis, including:

• attending, when and where required, on any loss to assist in the investigation and preservation of critical evidence;
• ascertaining the required expertise and marshalling the appropriate human resources to determine the origin and cause of the loss;
• providing opinions on policy coverage application;
• representing insurers in coverage disputes; and
• aggressively pursuing subrogated recovery in a timely and cost-effective manner. 

Members of the Property Insurance Group also enjoy a solid reputation for their ability to work with representatives of various municipal, provincial, and federal regulatory agencies (i.e. the Technical Standards and Safety Authority, and federal, provincial, and municipal police forces). This positive relationship is essential to ensure that the interests of our clients are properly protected in the aftermath of a loss.

Publications

• Deny With Care: Insurers need solid evidence in order to prove there has been a “material change in risk" , Brownlee LLP, September 18, 2023
• The Flowers, the Pot and the Fire , Robinson Sheppard Shapiro, September 18, 2023
• Navigating Time and Terrain: Limitation Defence Succeeds Because Plaintiff Knew of Hazard Before Injury Occurred , Brownlee LLP, August 31, 2023
• The Lake Overflows but the Loss Is Excluded , Robinson Sheppard Shapiro, August 03, 2023
• Unraveling the Aftermath of a Property Loss Claim - Eaglestone v. Intact Insurance, 2022 BCSC 2007 , Brownlee LLP, August 03, 2023
• Punitive Damages for Denial of Coverage? Truong et al v Jeweler’s Mutual Insurance , Brownlee LLP, July 27, 2023
• Triable Issues & Legal Clocks: Park Place Condo Roof Dispute Examined , Brownlee LLP, July 26, 2023
• Easements and Utility Rights of Way , Brownlee LLP, June 29, 2023
• Schizophrenia, Knives, and Insurance: A Complex Coverage Scenario , Brownlee LLP, June 14, 2023
• Where do you keep your corrosive cleaner? , Robinson Sheppard Shapiro, March 09, 2023
• Beyond Four Walls: BC Court of Appeal Determines Scope of Coverage for Property Damage Occurring 'Within Your Dwelling' , Brownlee LLP, March 08, 2023
• Supreme Court of Canada Relaxes the Test for “Constructive” Takings , McDougall Gauley LLP, December 16, 2022
• Buying a Century-old Property: An Extra Measure of Care Is Required , Robinson Sheppard Shapiro, August 22, 2022
• Double duty: 'Direct and visible supervision' of third parties is required under BC’s Occupiers Liability Act , Brownlee Law, June 22, 2022
• No One is Perfect: Standard of Care Required of an Occupier is Reasonableness not Perfection , June 17, 2022
• Reasonable Safety is Sufficient to Absolve an Occupier of Liability Under the OLA , Brownlee Law, June 13, 2022
• Collateral Attacks Fail Against Municipalities , Brownlee Law, May 19, 2022
• Sunken Sprinkler Head Can’t Trip Up Municipal Government Act Protections , Brownlee Law, May 04, 2022
• Minimum Maintenance Standards and Municipal Sidewalks - Case Study: Cromarty v. Waterloo (City) , McCague Borlack LLP, April 28, 2022
• Claim for Latent Defects: Reminders of the Buyer’s Obligation of Prudence, Misleading Representations and Disclosure of Defects , Robinson Sheppard Shapiro, March 14, 2022
• Absence of Subrogation in Matters of Divided Co-Ownership Insurance: Potential Impacts on a Third Party , Robinson Sheppard Shapiro, March 02, 2022
• Theft, Polygraph, and Presumptions: The Court of Appeal Sets the Record Straight , Robinson Sheppard Shapiro, February 04, 2022
• Improperly sued? Can you recover costs if the action is dismissed? Rule 23.05 , McCague Borlack LLP, February 03, 2022
• Claim for Construction Defects: Legal Interest of a Syndicate of Co-owners and Starting Point of the Extinctive Prescription , Robinson Sheppard Shapiro, January 24, 2022
• Danger! An Insufficient Waiver May Not Shield Your Business from Liability , Brownlee Law, August 21, 2021
• All-Inclusive and Without Costs Rule 49 Offers , McCague Borlack LLP, June 29, 2021
• Loss of Care, Guidance, and Companionship Damages: A New Benchmark? Case Study: Moore et al., v. 7595611 Canada Corp. , McCague Borlack LLP, June 28, 2021
• Pub Not Liable for Spontaneous Assault by Assailant Due to ‘Hidden Intoxication’ , Brownlee Law, April 08, 2021
• Know the ABs and the BCs of Icy Sidewalk Actions: Comparing Slip and Fall Law in Alberta and British Columbia , Brownlee Law, March 18, 2021
• BC Court of Appeal Says Homeowner Does Not Have to Clear City Sidewalk , Brownlee Law, March 02, 2021
• Judge Strikes Out Claim Against Municipality Based on MGA Defences , Brownlee Law, February 18, 2021
• Winter Maintenance Contracts - Featured Case Study: Ruetz v Metro Canada , February 16, 2021
• Silence is not golden when it comes to contracts - Case Study: C.M. Callow Inc. v. Zollinger , January 08, 2021
• Big Changes to Small Claims: How COVID-19 has affected the Small Claims Court , January 05, 2021
• Notable Changes to the Condominium Property Act, the Regulation, and Case Law , November 16, 2020
• Electronic Signatures: Is Your Municipality Ready to Embrace A New Approach? , Brownlee LLP, October 21, 2020
• Bill 22: Changes to MGA Provisions Governing Regional Services Commissions , Brownlee LLP, October 21, 2020
• Municipal Snow Removal Policies and Practices , Brownlee LLP, October 21, 2020
• What’s Yours is Actually Mine? Recent Case Law Clarifies the Line Between Municipal and Private Utility Responsibility, and Best Practices , Brownlee LLP, October 21, 2020
• Debate Concluded Over Correct Test for Summary Judgment in Alberta , Brownlee Law, October 05, 2020
• Jury Questions: When to Ask for Reasons - Case Study: Cheung v. Samra 2020 ONSC 4904 , September 26, 2020
• The Court exercises its "Fact Finding Powers" - Case Study: Carmichael v. GSK Inc. , September 26, 2020
• Social Host Liability in Canada and What Steps A Responsible Host Can Take to Limit the Risks Caused by Intoxicated Guests , Brownlee Law, August 12, 2020
• Ontario Courts updating online infrastructures to accommodate COVID-19 needs for safety , August 11, 2020
• Updates around Civil Matters in the Superior Court of Justice in the Central East Region , August 10, 2020
• Defences Under the Alberta Municipal Government Act and Best Practices to Defend Claims Against Municipalities , Brownlee Law, July 27, 2020
• Minors’ Property Act Update Changes Amount of Funds That Can Be Released Without Court or Public Trustee Involvement , Brownlee Law, July 08, 2020
• Corrosion Exclusion II - Resulting Physical Damage An exception to the exclusion in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, July 03, 2020
• Corrosion exclusion denied due to ambiguity: This author disagrees with the determination in case: MDS Inc. v Factory Mutual Insurance , McCague Borlack LLP, June 24, 2020
• A Plea for Simple Pleadings , McCague Borlack LLP, May 31, 2020
• COVID-19: Business interruption – Tangible property and loss of use in the Ontario Courts , McCague Borlack LLP, April 29, 2020
• COVID-19: Taking stock of urgent motions , McCague Borlack LLP, April 15, 2020
• COVID-19: Business interruption – Are you covered? , McCague Borlack LLP, April 14, 2020
• MGA Defences Override Alleged Breaches of the OLA , Brownlee LLP, April 06, 2020
• Summary of Emergency Measures For Homeowners , McDougall Gauley LLP, March 25, 2020
• A power outage may not qualify for damage on premise: Case Study: La Rose Bakery 2000 Inc. v. Intact Insurance Company (2019 ONCA 850) , January 13, 2020
• A Landlord's duty to maintain a residential property , First presented at a Client Seminar., August 23, 2019
• My House Burned Down, Now I Can Buy Two - Featured Case Study: Groupone Insurance and Lloyd's - and - Wenhao (Melissa) Li and Darko Strukan , June 05, 2019
• Home Sweet Home: What Constitutes "Living in the Same Household" in a Home Insurance Policy , February 05, 2019
• When is a Commercial Owner Liable for a Fall on an Adjacent Sidewalk? , January 28, 2019
• To Warn or Not To Warn: An Explanation of the Duty to Warn and the Reasonable Foreseeability Analysis: Case Comment: Maxrelco (Immeubles) v Lumipro Inc. , June 29, 2018
• Common Interest Privilege: A New Tool in the Litigation Basket , May 25, 2018
• Occupier's Liability: A Board Meeting Gone Wrong Case Comment: Omotayo v Da Costa et al. , April 10, 2018
• Face the Music: Once Requested, A Mediation Must be Scheduled Forthwith , March 12, 2018
• Insurer's Duty of Good Faith will not be expanded by Supreme Court Case Comment: Usanovic v. Penncorp , First Published to MB's Client List, January 09, 2018
• Take control of public space and liability may follow: Case Comment - MacKay v Starbucks , First published in MB Client Newsletter, June 23, 2017
• Home Depot Not Liable for Slip and Fall in Parking Lot , March 22, 2017
• Keeping the Mould Away: Application of Mould-Based Policy Exclusions , February 17, 2017
• When are municipalities granted immunity in a civil action? Case Study: Keyland Development Corporation v Rocky View , February 08, 2017
• Injunctions to Restrain Breach of Contract - Stipulated Remedy Clauses - Old Habits Die Hard , First published in the Advocates’ Quarterly volume 45, Number 4, February 07, 2017
• Deference to Reasonable Decision made by Condo Boards , January 20, 2017
• Featured Case Study: Water Damage Raubvogel et al v. The City of Vaughan et al , January 18, 2017
• Back to Basics on Betterment: A Primer on Recent Judicial Decisions Pertaining to the Issue of Betterment , First sent by MB Client Newsletter, December 07, 2016
• Featured Case: Summary Judgment in Third Party Claims Alive & Viable on Claims for Contribution & Indemnity , MB Newsletter, August 18, 2016
• Public Sharing of Private and Personal Information and Videos: Cyberbullying and the Implications for Insurers , MB Newsletter, May 02, 2016
• Condominium Corporation Issues: The President's View , First presented at a Client Seminar, December 16, 2015
• Spreading Fires: Issues that Arise When Fires Originate at a Neighbour's House , First presented at a Client Seminar, December 16, 2015
• When all is said and done: Final Releases , First presented at a Client Seminar, December 16, 2015
• Who's to Blame? Tips for Early Identification of Subrogation and Potentially Liable Parties , First presented at a Client Seminar, December 16, 2015
• Happy Trails: Strategies for reducing a recreational trail occupier's exposure to liability , First presented at MB's Sports Law Seminar, May 14, 2015
• Waiver of Liability vs. Public Policy - Which Takes Precedent? , First presented at MB's Sports Law Seminar, May 14, 2015
• Know your limits! Contributory Negligence in a sport and recreation context , First presented at MB's Sports Law Seminar, May 14, 2015
• What Landlords need to know about Property Tax , First presented at a Landlords Association of Durham Meeting, March 12, 2015
• What Landlords need to know about PIPEDA , First presented at a Landlords Association of Durham Meeting, March 12, 2015
• Pet Problems: Avenues for Landlords to Deal with Problem Pets , First presented at a Landlords Association of Durham Meeting, March 12, 2015
• Ontario Court of Appeal releases decision in expert evidence case , MB Newsletter, January 29, 2015
• Cost Effective Resolution of Low Value Claims , February 06, 2014
• Recent Court Decisions: Kruger Products Limited v. First Choice Logistics Inc. et al. , McCague Borlack Subrogation News Alert, November 27, 2013
• The Duty to Defend, Revisited , June 01, 2010