By Admin // In Articles // 2016.04.20 // Read More
Author: Scott W.K. Urquhart
Acciona v. Allianz and Claims for Increased Expense.
Much ink has been spilled on the BC courts’ decisions in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company[1]. But the lion’s share of the commentary has focussed on the defect exclusion at issue in that case, known as the LEG 2/96 exclusion, and the finding that it did not exclude damage to defectively constructed property. Garnering less attention are the courts’ rulings with respect to the economic claims presented by the insured.
By Admin // In Articles // 2014.09.18 // Read More
Author: Lawrence Bau
Introduction
The law of damages in Canada has undergone unique changes over the past 50 years which have helped shape the actions of Canadian society. The development of three areas of damages in Canada is of particular interest: non-pecuniary, punitive, and aggravated damages.
With respect to non-pecuniary damages, the Supreme Court of Canada, Canada’s highest court, implemented a series of rulings in the late 1970s which affected the way non-pecuniary damages were awarded. The rulings have had longstanding social implications. We will discover how the rule has been treated in subsequent cases and predict how it will likely fare in the future.
By Admin // In Articles // 2014.09.18 // Read More
Introduction
Insurance policies commonly contain clauses which stipulate which losses are covered and which are excluded under the policy. However, determining whether coverage applies can be complicated when a loss can be attributed to two concurrent causes, one of which is excluded from coverage. An example if where an explosion causes a fire on the insured’s property. Damage or loss from the explosion is covered but the fire is excluded from coverage.
By Admin // In Articles // 2014.09.08 // Read More
By Admin // In Articles // 2014.08.15 // Read More
“Expert evidence is getting considerable judicial attention recently. There is considerable concern that experts are not fulfilling their role as unbiased providers of assistance to the courts, and several Canadian jurisdictions have tackled the concerns in recent revisions to court rules.”
By Admin // In Articles // 2014.06.26 // Read More
Presented by Peter Stanford
By Admin // In Articles // 2014.01.30 // Read More
Authors: Vanessa Gauthier and Lawrence Bau
By Admin // In Articles // 2013.11.28 // Read More
Authors: Vanessa Gauthier and Lawrence Bau