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With a team of 40 insurance lawyers and decades of collective experience, Field Law is one of the major insurance firms in Alberta and the Northwest Territories for many of North America’s leading insurers. In addition to our core practice dedicated to defending insurance claims, Field Law has extensive experience preparing coverage opinions and pursuing subrogated claims on behalf of multinational and local insurers.

In Western Canada, circumstances can – and often do – change in the blink of an eye. We have a passion for the insurance industry that drives us to help clients mobilize and respond to these frequent changes quickly and effectively. Some of our lawyers have previously worked in-house for insurers. This translates into an understanding of industry trends and operations, billing protocols and reporting practices which helps support our ability to provide collaborative and timely solutions when our clients are most vulnerable.

The longer a file is open, the more likely that the opportunity to seize the ideal, cost-efficient outcome will slip away. We will help you design a creative resolution strategy to minimize cycle time and manage costs, resulting in a better client experience, both for you and your insureds. We have the versatility to assemble the appropriate team of lawyers for sophisticated, high-exposure cases, and those that are less so. Regardless of the case’s complexity or potential exposure, our goal remains the same – explore the most efficient, cost-containment solution available, but when necessary, fight relentlessly to achieve the best result at trial. 

Being a Field Law client includes many benefits and opportunities. We constantly evaluate and advance our technology infrastructure to ensure our clients take advantage of the most cost-efficient approaches to file management. We also provide regular publications, email bulletins and learning seminars that allow you to stay current on trends in insurance law and dispute resolution, plus casual, off-the-clock discussions and firm community events to help us to get to know you and your business better.

We manage complex insurance matters including:

  • Industrial Losses
  • Personal Injury
  • Defamation
  • Disability + Life Insurance
  • Errors + Omissions
  • Reinsurance
  • Fire Loss
  • School Liability
  • Government

Click here to sign up to receive invitations to seminars, webinars and events as well as our monthly eNewsletter Defence + Indemnity with the latest case studies by our lawyers. 

Practice Group Leader, Trademark Agent
Calgary
lmacfarlane@fieldlaw.com
Gradziel v Town of Coalhurst, 2020 ABQB
County of Vulcan v. Genesis Reciprocal Insurance Exchange, 2020 ABQB 93
Nelson v Grande Prairie (City), 2019 ABQB 897
Steer v. Chicago Title Insurance Company, 2019 ABQB 670
ALIA re: Sylvia Lapaschuk and Andrew Tanasychuk
Carvalho v Associated Chinook Cab Ltd., 2019 ABPC
MGN Constructors Inc v AXA Pacific Insurance Company, 2018 ABQB 631
Nelson v. City of Grande Prairie, 2018 ABQB 537
Arc Line Construction Ltd v Smith Trucking Services (1976) Ltd, 2018 ABQB 448
Alberta Motor Association Insurance Company v Aspen Insurance UK Limited, 2018 ABQB 207
Steer v Chicago Title Insurance Company, 2018 ABQB 28
Meghji v Ippolito, 2017 ABPC 7
HVC Canada Ltd v. EllisDon Construction Services Inc., 2016 ABQB 602
HVC Canada Ltd. v. EllisDon Construction Services Inc., 2016 ABQB 105
Cranbrook (City) v. Gabriel Construction (Alberta) Ltd., 2014 BCSC 2280
MGN Constructors Inc. v. Axa Pacific Insurance Company, 2012 ABQB 561
V.A.H. v. Lynch, 2009 ABCA 104, Alberta Court of Appeal
Zubick v. Alberta Teachers' Association, 2009 ABCA 136, Alberta Court of Appeal
Dhaliwal v. EPSB, 2008 ABQB 429, Alberta Court of Queen's Bench
Fullowka v. Royal Oak Ventures Inc., [2008} N.W.T.J. No. 27, Northwest Territories Supreme Court
Opal v. Boyd, 2008 ABCA 25, Alberta Court of Appeal
Shipanoff v. Landry, 2008 ABQB 212, Alberta Court of Queen's Bench
Zubick v. Alberta Teachers' Association, 2008 ABCA 388, Alberta Court of Appeal
Zubick v. Alberta Teachers' Association, 2008 ABQB 582, Alberta Court of Queen's Bench
Zubick v. Alberta Teachers' Association, 2008 ABQB 241, Alberta Court of Queen's Bench
Zubick v. Alberta Teachers' Association, 2008 ABQB 5, Alberta Court of Queen's Bench
InnerSense International Inc. v. University of Alberta, [2007] A.J. No. 270, Alberta Court of Queen's Bench
Opal v. Boyd, 2007 ABQB 373, Alberta Court of Queen's Bench
Sra v. Zhu, [2007] A.J. No. 706, Alberta Court of Queen's Bench
Wainwright (Town) v. G-M Pearson Environmental Management Ltd., [2007] A.J. No. 1083, Alberta Court of Queen's Bench
Wainwright (Twon) v. G-M Pearson Environmental Management Services Ltd., [2007] A.J. No. 1083, Alberta Court of Queen's Bench
Abramski v. TD Waterhouse Canada Inc., [2006] A.J. No. 191, Alberta Court of Queen's Bench
Base v. Hadley, [2006] N.W.T.J. No. 3, Northwest Territories Supreme Court
Besler v. Dillabough, 2006 ABCA 232, Alberta Court of Appeal
Fullowka v. Royal Oak Ventures Inc., [2006] N.W.T.J. No. 24, Northwest Territories Supreme Court
Lastiwka v. TD Waterhouse Investor Services (Canada) Inc., [2006] A.J. No. 925, Alberta Court of Queen's Bench
Ms. R. v. Mr. W., [2006] A.J. No. 1609, Alberta Court of Queen's Bench
Purba v. Ryan, 2006 ABCA 229, Alberta Court of Appeal
Purba v. Ryan, 2006 ABQB 127, Alberta Court of Queen's Bench
Weyerhauser Co. v. Jenner (c.o.b. Magic Welding), [2006] A.J. No. 169, Alberta Court of Queen's Bench
Fullowka v. Royal Oak Ventures Inc., [2005] N.W.T.J. No. 57, Northwest Territories Supreme Court
Fullowka v. Royal Oak Ventures Inc., [2005] N.W.T.J. No. 57, Northwest Territories Supreme Court
Henson v. Champion Feed Services Ltd., 2005 ABQB 215, Alberta Court of Queen's Bench
Kallal v. Optimum West, Alberta Court of Queen's Bench
Lastiwka v. TD Waterhouse Investor Services (Canada) Inc., [2005] A.J. No. 1718, Alberta Court of Queen's Bench
Lastiwka v. TD Waterhouse Investor Services (Canada) Inc., [2005] A.J. No. 1717, Alberta Court of Queen's Bench
Lastiwka v. TD Waterhouse Investor Services (Canada) Inc., [2005] A.J. No. 1717, Alberta Court of Queen's Bench
Swagger Construction Ltd. v. ING Insurance Co. of Canada, 2005 CarswellBC 2127, British Columbia Supreme Court [In Chambers]
Tapia v. Harrish, [2005] A.J. No. 1345, Alberta Court of Queen's Bench
Base v. Hadley, [2004] N.W.T.J. No. 23, Northwest Territories Supreme Court
Condominium Corp. No. 7921945 v. Cochrane, 2004 ABPC 4, Provincial Court of Alberta
Fullowka v. Royal Oak Ventures Inc., [2004] N.W.T.J. No. 64, Northwest Territories Supreme Court
Lastiwka v. TD Waterhouse Investor Services (Canada) Inc., [2004] A.J. No. 1160, Alberta Court of Queen's Bench
Lastiwka v. TD Waterhouse Investor Services (Canada) Inc., [2004] A.J. No. 1160, Alberta Court of Queen's Bench
Schoff v. Royal Insurance, 2004 ABCA 180, Alberta Court of Appeal
Synod of the Diocese of Edmonton v. Lombard General Insurance Co. of Canada, 2004 ABQB 803, Alberta Court of Queen's Bench
Fullowka v. Royal Oak Ventures Inc., [2003] N.W.T.J. No. 48, Northwest Territories Supreme Court
Henson v. Champion Feed Services Ltd., 2003 ABPC 204, Provincial Court of Alberta
Rockwell v. Klopstra, [2003] A.J. No. 686, Alberta Court of Queen's Bench
Adam v. Beaver, [2002] A.J. No. 1437, Alberta Court of Queen's Bench
Dacro Industries Ltd. V. Lombard General Insurance Co. of Canada, [2002] A.J. No. 95, Alberta Court of Queen's Bench
Dear v. Styre, [2002] A.J. No. 691, Alberta Court of Queen's Bench
Lastiwka v. TD Waterhouse Investor Services (Canada) Inc., [2002] A.J. No. 1352, Alberta Court of Queen's Bench
Lombard General Insurance Co. of Canada v. Varco Canada Ltd., [2002] A.J. No. 945, Alberta Court of Queen's Bench
Medicine Hat (City) v. Continental Casualty Co., [2002] A.J. No. 350, Alberta Court of Queen's Bench
Toronto Dominion Bank v. Real Estate Council of Alberta, [2002] A.J. No. 75, Alberta Court of Queen's Bench
Williamson v. Best Plumbing & Heating Supplies Ltd., [2002] S.C.C.A. No. 102, Supreme Court of Canada
Williamson v. Best Plumbing & Heating Supplies Ltd., [2002] A.J. No. 291, Alberta Court of Appeal
Evans v. Rustad, [2001] A.J. No. 1744, Alberta Court of Queen's Bench
Sunshine Village Corp. v. Canada (Minister of Environment), [2001] A.J. No. 651, Alberta Court of Queen's Bench
Willier v. Lajeunesse, [2001] A.J. No. 1357, Alberta Court of Queen's Bench
Wong v. Mejia, [2001] A.J. No. 665, Alberta Court of Queen's Bench
Wood Buffalo (Regional Municipality) v. Scottish & York Insurance Co., [2001] A.J. No. 1650, Alberta Court of Queen's Bench
Dear v. Styre, [2000] A.J. No. 1334, Alberta Court of Queen's Bench
Guinan v. Northwestel Inc., [2000] N.W.T.J. No. 56, Northwest Territories Supreme Court
Guinan v. Northwestel Inc., [2000] N.W.T.J. No. 57, Northwest Territories Supreme Court
Malik v. Alberta Motor Association Insurance Co., [2000] A.J. No. 1203, Alberta Court of Queen's Bench
Ron's Electric Ltd. v.  Burke, [2000] A.J. No. 1304, Alberta Provincial Court, Civil Division
Ron's Electric Ltd. v. Harder Burke, [2000] A.J. No. 336, Alberta Provincial Court, Civil Division
Williamson v. Best Plumbing & Heating Supplies Ltd., [2000] A.J. No. 495, Alberta Court of Queen's Bench
Williamson v. Best Plumbing & Heating Supplies Ltd., [2000] A.J. No. 1122, Alberta Court of Queen's Bench
Williamson v. Best Plumbing & Heating Supplies Ltd., [2000] A.J. No. 1152, Alberta Court of Queen's Bench
Williamson v. Best Plumbing & Heating Supplies Ltd., [2000] A.J. No. 495, Alberta Court of Queen's Bench
Baker v. Yacyshen, [1999] A.J. No. 1289, Alberta Court of Queen's Bench
Robertson v. BHP diamonds Inc., [1999] N.W.T.J. No. 52, Northwest Territories Supreme Court
Shum v. Mitchell, [1999] A.J.No. 1105, Alberta Court of Queen's Bench
Stewart v. Fort McPherson (Hamlet), [1999] N.W.T.J. No. 91, Northwest Territories Supreme Court
Tanar Industries Ltd. V. Outokumpu Ecoenergy, Inc., [1999] A.J. No. 919, Alberta Court of Queen's Bench
Spenrath v. McKenzie, [1998] N.W.T.J. No. 86, Northwest Territories Supreme Court
Wild Rose School Division No. 66 v. Bert Pratch Construction Co., 1998 ABQB 831, Alberta Court of Queen's Bench
Valic v. Northwest Territories Housing Corp., [1997] N.W.T.J. No. 53, Northwest Territories Supreme Court
Check v. Sun Life Assurance Co. of Canada, [1995] A.J. No. 1400, Alberta Court of Queen's Bench
Izzard Estate v. Robinson's Trucking, [1994] A.W.T.J. No. 35, Northwest Territories Supreme Court
Modern Livestock v. Kansa General Insurance Company, 157 A.R. 167, Alberta Court of Appeal
Reid v. Stein, [1994] A.J. No. 875, Alberta Court of Queen's Bench
August 2020
The Best Lawyers™ in Canada 2021
38 Fielders Recognized
Field Law is pleased to announce that 38 of our lawyers are recognized in their respective practice areas in the 15th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of ...
August 2020 - 3 min read
Case Study: Fuller v. Aphria Inc.
Defence + Indemnity
The Ontario Court of Appeal reiterated its disapproval of distributive cost orders  but upheld a trial judge’s decision to disallow the successful plaintiff the costs of an expert where the expert’s evidence is of marginal value to the...
August 2020 - 5 min read
Case Study: Burns v. RBC Life Insurance Company
Defence + Indemnity
The Ontario Court of Appeal ducked the issue of whether or not an insurer’s employee can be sued in his/her personal capacity for bad faith. Burns v. RBC Life Insurance Company, 2020 ONCA 347; varying 2019 ONSC 6977 Facts and Issues The Pl...
August 2020 - 10 min read
Case Study: Apps v. Grouse Mountain Resorts Ltd.
Defence + Indemnity
Sports liability waivers must be clear and contain all relevant information and reasonable notice of the waiver must be brought to the customer’s attention before or at the time of entering into the contract. A customer’s pre-contract exper...
August 2020 - 6 min read
Case Study: Pembridge Insurance Company of Canada v. Chu
Defence + Indemnity
The insurer was obligated to defend its insured under a homeowner policy where its insured was alleged to have engaged in a road rage assault against another driver after the insured stopped and exited from his own vehicle – it was not sufficient...
August 2020 - 9 min read
Case Study: Laridae v. Co-operators
Defence + Indemnity
An Ontario Court ordered an insurer to defend a data breach claim in the face of data exclusion clauses where it was unclear whether or not all of the claims against the insured fell within the clauses.  Laridae v. Co-operators, 2020 ONSC 219...
August 2020 - 6 min read
Case Study: Little v Floyd Sinton Limited
Defence + Indemnity
A plaintiff’s incapacity does not, as a matter of law, relieve him/her of the obligation to mitigate their damages; the issue of mitigation must still be put to the trier of fact.Little v Floyd Sinton Limited, 2019 ONCA 865 per Roberts, J.A. Fa...
August 2020 - 19 min read
Case Study: Provost v. Dueck Downtown Chevrolet Buick GMC Limited
Defence + Indemnity
The British Columbia Court of Appeal held that while a car dealership which failed to secure a vehicle on its lot may be liable for an accident which occurs as the thief drives out of the dealership, it was not liable where the thief drives away from t...
June 2020
A Provincial Twist on the Emergency Suspension of Limitation Periods
Canadian Underwriter
June 2020 - 7 min read
Case Study: Bradfield v Royal Sun Alliance Insurance
Defence + Indemnity
An insurer was held not to have waived a policy breach and was not estopped from relying on it to deny coverage where it learned of the breach after having begun defending the claim against its insured, even though evidence of the breach existed before...
June 2020 - 4 min read
Case Study: Burns v RBC Life Insurance Co
Defence + Indemnity
The Ontario Superior Court of Justice struck claims brought by an insured against an insurer’s disability claim specialist and an appeals consultant in their personal capacities as employees after his LTD benefits were terminated by them because ...
June 2020 - 7 min read
Case Study: G&G Oil Co. of Indiana v. Continental Western Insurance
Defence + Indemnity
The ransom paid in response to a ransomware attack was held not to be covered under the “Computer Coverage” of an insurance policy because the attack and the ransom demand did not amount to “fraud”, as opposed to a mere theft (c...
June 2020 - 6 min read
Case Study: Mann v. Jefferson
Defence + Indemnity
The Court set out how to analyze whether or not the exacerbation of pre-existing injury would exceed the minor injury threshold under Ontario legislation, which provides guidance for the same issue under Alberta’s minor injury cap. Mann v. Jeffe...
June 2020 - 7 min read
Case Study: Grossman v. Nissan Canada
Defence + Indemnity
An employer who is innocent of negligence or other misconduct can be vicariously liable for the tort of intrusion upon seclusion based on a data breach committed by one of its employees.  Grossman v. Nissan Canada, 2019 ONSC 6180, per Be...
June 2020 - 9 min read
Case Study: Arconti v. Smith
Defence + Indemnity
Courts are granting opposed orders for video hearings, including discoveries by video conference as necessary in the modern age, especially in light of restricted court operations due to the COVID-19 pandemic.   Arconti v. Smith, 2020 ONSC 27...
June 2020 - 11 min read
Case Study: WM Morrison Supermarkets plc v. Various Claimants
Defence + Indemnity
An employer may be vicariously liable for a data breach caused by the tort of an employee depending on the circumstances.WM Morrison Supermarkets plc v. Various Claimants, 2020 UKSC 12, per Lord Reed rev’g 2017 EWHC 3113 (Q.B.) and 2018 EWCA Civ ...
May 2020
Pandemic Liability
The Morning News with Sue Deyell and Andrew Schultz
April 2020
Case Summary: MacLeod v Marshall
Defence + Indemnity
The burden of proof for economic loss (past and future loss of income) for a minor plaintiff with no established career path at the time of the accident is only that of a real and substantial possibility, as opposed to the balance of probabilities.MacL...
April 2020
Case Summary:  Barz v Driving Force Inc
Defence + Indemnity
Where the driver of a vehicle rented by his employer injured another worker on the job, the action against the lessor of the vehicle was dismissed because, although the owner was not immune under the Workers’ Compensation Act and was exposed in v...
April 2020
Case Summary: MDS Inc. v. Factory Mutual Insurance Company
Defence + Indemnity
An Ontario court held that under an all-risk policy the “physical damage” requirement for coverage may be met by a loss of use, which may have some application for COVID-19 business interruption claims. MDS Inc. v. Factory Mutual Insurance...
April 2020
Case Summary: Nemchin v Green
Defence + Indemnity
The Ontario Court of Appeal held that a trial judge erred in refusing to admit a defendant’s video surveillance evidence in a personal injury action but concluded that had the video evidence been admitted it would not have affected the jury&rsquo...
April 2020
Case Summary: Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company
Defence + Indemnity
For an auto insurer to have any place in the priority list of insurers in a rental/leased car situation, its policy must provide coverage to a relevant insured. Ontario Corporation Number 1009329 (Enterprise Rent-A-Car) v Intact Insurance Company...
April 2020
Case Summary: Aviva Insurance Company v Wawanesa Mutual Insurance Company
Defence + Indemnity
For the purposes of determining the priority of insurers in the overlapping coverage situation with rental vehicles, the Court must first determine who the “lessee” is. This may not always be determined by the rental agreement alone, especi...
April 2020
Case Summary: Wage v Canadian Direct Insurance Incorporated
Defence + Indemnity
The Alberta Court of Appeal found that the territorial limitation provisions in the standard Alberta auto policy apply to the entire policy, such that if the insured is injured or killed in a jurisdiction other than Canada or the United States, there i...
April 2020
Case Summary: Li c. Equifax Inc.
Defence + Indemnity
A claimant who is the victim of a data breach and who has suffered only mental distress or potential future loss such as actual fraud or identity theft lacks standing to sue for such losses.Li c. Equifax Inc., 2019 QCCS 4340, per Bison, J.C.S. Fa...
May 2020
Priority Among Insurers in an Alberta Rental/Leased Vehicle Claim
Canadian Journal of Insurance Law
April 15, 2020
Navigating Business Interruption Claims Due to COVID-19
Webinar
COVID-19 will result in a big surge in business interruption claims. Get ahead of the curve by getting up to speed on the key issues you will need to know to deal with those claims. Presented by Mike Doerksen and Angela Beierbach, this webinar will pro...
April 2020
UPDATE: Alberta Limitations Under the Insurance Act
On April 2, 2020, Field Law reported that the limitations periods in various statutes had been suspended due to the impact of COVID-19. We noted that certain statutes were not included in the suspension order including the Insurance Act. Fiel...
April 2, 2020
Business Interruption Claims Due to COVID-19
As a result of COVID-19, countless businesses have been forced to temporarily shut their doors or change the way they operate significantly. As a direct result, many businesses have lost and continue to lose income. More and more businesses will be loo...
March 11, 2020
On-Demand Payment Bonds
Seminars
On-Demand Payment Bonds are the focus of current credit discussion in the energy industry, and certainty of payment and performance assurance is fundamental to building commercial relationships. While On-Demand Payment Bonds are emerging as an option t...
March 2020
The Degenerative Spine in Injury with Dr. Richard Hu
Seminars
Join Field Law and orthopedic surgeon Dr. Richard Hu MD, FRCSC, for an interactive seminar about: The Spine 101 - A discussion of anatomy, common nomenclature, occurrence of issues and prognoses IME Reports - Differing perspectives on the Degener...
February 2020
Case Summary: Jadhav v Kielly
Defence + Indemnity
Where a driver’s speed is the sole alleged basis of negligence and the driver was travelling at or near the posted speed limit a conclusion that the driver was driving too fast for the conditions, in and of itself, is not sufficient to find drive...
February 2020
Case Summary: R v Badrudin
Defence + Indemnity
An insured’s statement to his fire insurance adjuster as required by the policy’s statutory conditions is inadmissible in criminal proceedings against him because it is a statutorily compelled statement.R. v Badrudin, 2019 NLSC 187, per Tho...
February 2020
Case Summary: Malcolm Silver & Co. Ltd, et al. v State Farm Fire and Casualty Company
Defence + Indemnity
The Court held that a fraudster’s unauthorized use of the insured’s online banking system to make payments against her own credit card debts did not qualify as forgery or alteration under the terms of the policy in question.Malcolm Silver &...
February 2020
Case Summary: Yenovkian v Gullian
Defence + Indemnity
The Ontario Superior Court of Justice has recognized the privacy tort of placing the plaintiff in a false light, awarding both compensatory and punitive damages for same. Yenovkian v. Gulian, 2019 ONSC 7279, per Kristjanson, J. Facts + Issues ...
February 2020
Case Summary: Edgeworth v Shapira
Defence + Indemnity
A defendant’s insurer accepted a plaintiff’s offer in circumstances where a defence independent medical examination report had not been served on the plaintiff (in breach of the Rules), the plaintiff’s subsequent action against the de...
December 2019
Case Summary: Sanderina, LLC v Great American Insurance Company
Defence + Indemnity
An insured whose comptroller wired funds to a fraudster’s account on a fraudulent email purportedly from the insured’s majority shareholder was found not to be covered for the losses because of the wording of its cyber insurance policy.Sand...
December 2019
Case Summary: Goodvin v Penson
Defence + Indemnity
Parents are not generally liable for the negligence or misconduct of their adult children, including in a social host liquor case. Goodvin v Penson, 2019 ABQB 867, per Schlosser, Master Facts + Issues The Defendants Russell and Shell...
December 2019
Case Summary: Tanious v The Empire Life Insurance Company
Defence + Indemnity
Special costs may be awarded against the insurer in disability insurance litigation in response to a litigant’s personal and financial circumstances, even if there has been no reprehensible conduct or bad faith on the part of the insurer.  &...
December 2019
Case Summary: Brooks v Nand
Defence + Indemnity
Advance payments payable by a Defendant’s auto insurer under the Fair Practices Regulation are not payable by an underinsured driver, nor are they payable by the Plaintiff’s own SEF 44 Endorsement or the Motor Vehicle Accident Claims fund.B...
December 2019
Case Summary: Duraguard Fence Ltd v Badry
Defence + Indemnity
An insurance broker who fails to consider the insured’s loss history, the foreseeable claims and arranged for appropriate coverage was held to have breached its legal duty to arrange appropriate crime coverage for the insured may be liable for br...
December 2019
Case Summary: Bourbonnière v Yahoo! Inc.
Defence + Indemnity
Certification for a class action relating to a data breach was refused because, among other things, the Plaintiff was held not to have suffered a compensable loss. The Plaintiff failed to demonstrate a compensable loss such as actual fraud or identity ...
November 18, 2019
Insurance Industry Update: What You Need to Know
Seminars
Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so, how much? Why have the rules changed? Are there any benefits to providing advances? Wha...
October 2019
Case Summary: Quilichini v Wilson’s Greenhouse & Garden Centre Ltd. and Velocity Raceway Ltd.
Defence + Indemnity
An electronic contract, executed electronically, including a liability exclusion form, was held to be effective to bar a defendant’s liability for a sports accident.  Quilichini v. Wilson’s Greenhouse & Garden Centre Ltd. and Velo...
October 2019
Case Summary: Sky Solar (Canada) Ltd v Economical Mutual Insurance Company
Defence + Indemnity
Under a commercial general liability policy, a contractor (as the Named Insured) hired by a developer (added as an Additional Insured) had liability coverage, but only with respect to “liability arising out of the operations of the Named Insured&...
October 2019
Case Summary: Pederson v Allstate Insurance
Defence + Indemnity
The Alberta Court of Queen’s Bench analyzed the application of solicitor-client and litigation privilege in separate, but related tort and insurance actions and confirmed that both the insureds and the insurer are clients of insurer-appointed cou...
October 2019
Case Summary: Nasr Hospitality Services Inc. v Intact Insurance
Defence + Indemnity
The Ontario Court of Appeal held that commencing a lawsuit to enforce an insurance claim becomes “appropriate” as soon as it is legally possible under the policy to do so and not a later date when the insurer denies the claim. Nasr Hospita...
October 2019
Case Summary: McAllister v Calgary (City)
Defence + Indemnity
Where a visitor on a City of Calgary pedway was assaulted and beaten, the occupier City was held not to owe a duty of care to prevent all crime but, rather, had a duty to maintain an adequate security system in place to detect and respond to crimes wit...
October 2019
Case Summary: Bomford v Bomford
Defence + Indemnity
The statutory benefit for bereavement payable to a parent or parents under the Fatal Accidents Act is not available to a parent who is at fault for the death of their child.  Bomford v Bomford, 2019 ABQB 529, per Schlosser, Master  Fact...
October 22, 2019
Insurance Industry Update: What You Need to Know
Seminars
The insurance issues surrounding liability for personal injury are always changing. Join lawyers from Field Law's Insurance Practice Group for a free seminar on topics including: Do insurers have to provide advances to Plaintiffs and if so...
September 2019
The Best Lawyers in Canada 2020
34 Fielders Recognized
Field Law is pleased to announce that 34 of our lawyers are recognized in their respective practice areas in the 14th edition of The Best Lawyers™ in Canada. Recognition in Best Lawyers™ is based on peer reviews of leading lawyers and ...
August 2019
Case Summary: Goddard v Bayside Property Services Ltd
Defence + Indemnity
The British Columbia Court of Appeal held that a plaintiff can establish liability in an occupiers’ liability case by circumstantial evidence when he/she cannot remember how he/she slipped and fell. Goddard v Bayside Property Services Ltd, ...
August 2019
Case Summary: Merino v. ING Insurance
Defence + Indemnity
The Ontario Court of Appeal held that an auto insurer cannot void a policy for any material misrepresentation, including as to ownership. An insurer wishing to get out of an auto policy for misrepresentation must terminate the policy on notice, which d...
August 2019
Case Summary: SWAT Consulting Ltd v Canadian Western Bank
Defence + Indemnity
An insurer is not required to pay a third party contractor after having previously paid their insured. The third party contractor’s claim against an insurer for environmental clean-up costs owed to the contractor by the bankrupt insured was dismi...
August 2019
Case Summary: Greenidge v Allstate Insurance Company
Defence + Indemnity
Where a Section B insurer insists that the insured submit to a medical examination under the policy, the insured is obligated to attend the examination and submit to the protocols of that examiner or face discontinuance of benefits. The insured is not ...
August 2019
Case Summary: Sound Stage Entertainment Inc. v Burns
Defence + Indemnity
The Contributory Negligence Act of Saskatchewan only provides for apportioning damages among co-tort-feasors in instances of negligence, and does not enable negligent defendants to seek contribution and indemnity from defendants liable for intentional ...
August 2019
Case Summary: Stewart et al. v Wood et al
Defence + Indemnity
The premium that a plaintiff pays for plaintiff adverse costs insurance may be a taxable disbursement in the litigation.Stewart et al. v. Wood et al., 2019 ONSC 3931, per Tausendfreund, J. FACTS + ISSUES The parties settled a personal injury a...
August 2019
Case Summary: Jane Doe 72511 v Morgan
Defence + Indemnity
After the Plaintiff was assaulted by her domestic partner while living with him in his parents’ home and he published a pornographic video of her on the internet, he was found liable for the tort of publication of private facts and, together with...
May 29, 2019
Understanding Financial Statements with Shawn Hemens
Seminars
Join Field Law and Shawn Hemens, a Chartered Business Valuator specializing in quantifying personal injury and business loss claims, for a seminar discussing: The types of financial statements that a lawyer and or adjustor will be provided in suppo...
April 3, 2019
Staying Current with Auto Liability Claims in Alberta
Seminars
Join Field Law's Jane Freeman and Michael Doerksen for a seminar discussing:  Reserving Rights and Alberta Auto Coverage Defences  An overview of the major types of coverage defences of the auto insurer under Alberta's stand...
February 2019
Case Summary: R v Ahmed
Defence + Indemnity
Charges for distracted driving were widened in scope by including cell and smart phones in the definition of “hand held electronic” and “wireless electronic” devices in the Traffic Safety Act.R v Ahmed, 2019 ABQB 13, per Henders...
February 2019
Case Summary: Entwhistle v Wells
Defence + Indemnity
Where a plaintiff’s vehicle is damaged to the point of becoming a constructive total loss due to a defendant’s negligence, the plaintiff was awarded damages for the time, effort and expense of finding a replacement vehicle. Entwhistle v We...
February 2019
Case Summary: Weir-Jones Technical Services Incorporated v Purolator Courier Ltd
Defence + Indemnity
The Alberta Court of Appeal clarifies the test for summary judgment and dismissal.Weir-Jones Technical Services Incorporated v. Purolator Courier, Purolator Inc. and Purolator Freight, 2019 ABCA 49 per Slatter JA (Fraser CJA, Watson and Strekaf JJ...
February 2019
Case Summary: Enterprise Rent-A-Car v Intact Insurance
Defence + Indemnity
The legislation setting out priorities among insurers in a rental/leased vehicle situation only applies to those policies which provide coverage and the term “listed driver” in an auto policy is not “an insured named in the contract&r...
February 2019
Case Summary: Modisette v. Apple Inc.
Defence + Indemnity
In the context of a motor vehicle accident where the at-fault driver was distracted by using his cell phone, the claim against Apple Inc. for marketing the cell phone without technology to disable its use while the user is driving was summarily dismiss...
February 14, 2019
The Type of Claims that may Arise from Legalization of Cannabis Edibles
Canadian Underwriter
Erika Carrasco speaks to Canadian Underwriter about cannabis coverage issues.
February 2019
Uncertainty Around Burden of Proof for Summary Judgment Resolved
Insurance Alert
The law of summary judgment in Alberta has recently been in flux regarding the standard of proof required to resolve a dispute summarily: some panels of the Court have held that proof on a balance of probabilities is required, while others have held th...
December 2018
Case Summary: Wm Morrison Supermarkets PLC v Various Claimants
Defence + Indemnity
Employers can be vicariously liable at common law for the actions of a rogue employee who brings about an unauthorized cyber data breach, even where the employee’s motive was to harm the employer and not to injure the third parties ...
December 2018
Case Summary: Williams v Richard
Defence + Indemnity
Social hosts were denied summary dismissal after a drunken guest got into an accident, injuring the plaintiff, after the guest had first made it home safely.
December 2018
Case Summary: Layes v Stevens
Defence + Indemnity
A $200,000 loss of future income earning capacity award to a 25 year old student able to continue working full time was upheld where she had no settled employment pattern relying on comparator cases, without a mathematical calculation.
December 2018
Case Summary: Aviva v Wawanesa
Defence + Indemnity
An Ontario Court sets out the factors for determining who the “lessee” of a rented/leased vehicle is for the purposes of determining the priority of insurers providing coverage.
December 2018
Case Summary: Dion v Security National Insurance Company
Defence + Indemnity
A claim for diminished value of a vehicle repaired after an accident is not covered under Section C of the Alberta Standard Auto Policy, SPF No. 1.
December 2018
Case Summary: Cardinal v Alberta Motor Association Insurance Company
Defence + Indemnity
The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is not entitled to benefits if he/she did not know nor ought to have known that the vehicle was sto...
November 2018
No Appeal of the Cardinal Decision: SEF 44 Coverage and Automobile Used Without Consent
Insurance Alert
On November 15, 2018 the Supreme Court of Canada denied an application for leave to appeal the decision of the Alberta Court of Appeal in Cardinal v Alberta Motor Association Insurance Company, 2018 ABCA 69 (Cardinal).In Cardinal, the insurer, AMA, iss...
November 2018
Case Summary: Copytrack Pte Ltd. v Wall
Defence + Indemnity
A British Columbia court has come out with one of the first Canadian decisions directly addressing the enforcement of rights to ownership of cryptocurrency.  Copytrack Pte Ltd. v Wall, 2018 BCSC 1709, per Skolrood, J.FACTS AND ISSUES:Copytrac...
November 2018
Case Summary: Green v Khattab
Defence + Indemnity
Summary judgment ordering specific performance of a settlement reached during a binding Judicial Dispute Resolution was upheld, notwithstanding that a consent order or consent judgment had not been signed between the parties.Green v Khattab, 2018 ABQB ...
November 2018
Case Summary: Heuring v Smith
Defence + Indemnity
The Court assessed liability between a Plaintiff (cyclist) who failed to stop at a stop sign and the driver of a vehicle who did not clearly see the cyclist as a result of a “blind spot” created by a pillar in his vehicle and declined to aw...
November 2018
Case Summary: Zando v Ali
Defence + Indemnity
A damage assessment of $175,000 plus $25,000 for punitives for a single instance of sexual assault upon a colleague, involving intercourse, was upheld on appeal. The Court outlined the factors to be taken into account in quantifying sexual assault dama...
November 2018
Case Summary: Condominium Corporation No 9312374 v Aviva Insurance Company of Canada
Defence + Indemnity
The Supreme Court’s decision in the Ledcor case (which held that “resultant damage” arising from faulty workmanship is not excluded by the faulty workmanship exclusion in a builders’ risk policy) was held not to allow for covera...
November 2018
Case Summary: Aviva Insurance Company v Intact Insurance Company
Defence + Indemnity
Where an insurer contributes more than its share to a defence and settlement of a claim vis-à-vis other insurers who are involved, it may seek contribution from the other insurers even where the policies are complementary and not overlapping.Avi...
September 25, 2018
Quantifying Personal Injury + Business Loss Claims with Shawn Hemens
Seminars
Join Field Law and Shawn Hemens, a Chartered Business Valuator specializing in quantifying personal injury and business loss claims, for a seminar discussing: Identifying the financial documents needed to asses claims where an income loss from a bu...
September 2018
Cyber Losses: A Serious Organizational Risk in the Modern World
The Lawyer's Daily
September 2018
The Best Lawyers in Canada 2019
28 Field Law Lawyers Recognized
Field Law is proud to announce that 28 of our lawyers have been included in the 13th edition of The Best Lawyers™ in Canada. These lawyers have been recognized in 17 service areas, resulting in a total of 36 rankings.Among the 28 Field Law l...
August 2018
Case Summary: R.C. Heating & Gasfitting Ltd. v The Sovereign General Insurance Company
Defence + Indemnity
Where past negligence involved in the installation of the system manifested itself in an explosion years later, the “occurrence” or “accident” was held to have occurred at the time of the explosion, not at the time of the neglig...
August 2018
Case Summary: Scale Estate v The Cooperators General Insurance Company
Defence + Indemnity
When an insurer contemplates settling to its policy limits in an auto case, it must take steps to ensure that all potential claims have been accounted for.  Where an insurer, knowing of another claim for the same accident, paid its limits in three...
August 2018
Case Summary: Greenidge v. Allstate Insurance Company
Defence + Indemnity
Unlike the situation with litigation independent medical examinations per Rule 5.42, a Section B insurer is entitled to insist that the insured attend an independent medical examination per Section B Special Provision 4, and the examiner is entitled to...
August 2018
Case Summary: Woitas v. Tremblay
Defence + Indemnity
In a chain reaction series of rear end accidents, following vehicles are presumed to be negligent for rear end collisions and the fact that a driver has to stop for an accident in front of him will be no defence. Drivers of vehicles which manage t...
August 2018
CRTC Imposes Penalties On Two Companies For Distributing Malware Online
Defence + Indemnity
Recently, the Canadian federal government publicized anti-spam legislation, generally referred to as “CASL” (An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance...
August 2018
Case Summary: Khudabux v. McClary
Defence + Indemnity
In the case of a crumbling skull plaintiff the Court will apportion responsibility to the different accidents involved where the injuries in question are not indivisible. Khudabux v. McClary, 2018 BCCA 234 per Stromberg-Stein, J.A. [4286]FACTS AND...
August 2018
Case Summary: Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd.
Defence + Indemnity
In some cases, service may be accomplished by email (or deemed good and sufficient), including email upon the servee’s counsel.Alberta Human Rights Commission (Director) v. Vegreville Autobody (1933) Ltd., 2018 ABCA 246 [4282]FACTS AND ISSUES:A C...
July 2018
Case Summary: Gharbi v. Summit Acceptance Corp.
Defence + Indemnity
The Alberta Court of Queen’s Bench enumerated the factors to consider in determining whether the provision a dealership’s loaner vehicle to a customer qualifies as a leased/rented vehicle or a mere courtesy loan for the purposes of determin...
July 2018
Case Summary: Temple Insurance Company v. Sazwan
Defence + Indemnity
Where the conduct of the insureds was in issue in the underlying actions and with respect to coverage under the policy, policy limits covered only 5% of a multi-million dollar claim and an acrimonious relationship existed between the insureds and the i...
July 2018
Case Summary: Parent v Northbridge General Insurance Corporation
Defence + Indemnity
Loss of a reasonable opportunity to investigate and defend a claim due to the Insured’s extreme delay in reporting the incident to their Insurer constituted prejudice to the Insurer such that the Judgment granted against the Insured not enforceab...
July 2018
Case Summary: Rankin (Rankin’s Garage & Sales) v. J.J.
Defence + Indemnity
A garage was found not liable for injuries caused by the thief of one of its vehicles because the fact that it was reasonably foreseeable that vehicles might be stolen from its premises does not make it reasonably foreseeable that the stolen vehicle wo...
July 2018
Case Summary: Du v. Jameson Bank
Defence + Indemnity
A bank customer who was defrauded when hackers accessed his email account to instruct a bank to make unauthorized wire transfers was unable to recover his money from the bank, which followed instructions sent to it by email (as it was allowed and requi...
July 2018
Case Summary: C. v. Brookfield Homes
Defence + Indemnity
A Plaintiff’s claims for psychological and physical injury arising from the discovery of mould in his home (which had been rectified within a few months) ten years in the past were summarily dismissed. Even if his emotional problems could be attr...
July 2018
Case Summary: Waissmann v Calgary (City)
Defence + Indemnity
Whether or not an occurrence report filled out by an employee after an accident, required by the employer’s rules, is privileged depends on the employer’s intention (dominant purpose) in promulgating the rules – a specific intent on t...
June 2018
Municipal Minute: Case Comment on McAllister v. Calgary
In the McAllister v. Calgary (City), 2018 ABQB 480 Madame Justice Kubik of the Court of Queen’s Bench found the City of Calgary liable under the Occupiers Liability Act for injuries suffered by the Plaintiff Kyle McAllister when he was assaulted ...
June 2018
Priority Among Insurers in an Alberta Rental/Leased Vehicle Claim
The Six Circles of Hell
June 5, 2018
A Primer – Occupational Therapy
Seminars
Insurance Seminar
Join Field Law's Sharon Stefanyk and Occupational Therapist Gillian Bagg for an opportunity to learn from an occupational therapist experienced in providing expert opinion regarding a person’s physical capacities and their ability to particip...
May 2018
Minor Injury Regulation Changes
Insurance Alert
Changes to the Minor Injury Regulation (AR 123.2004) (“MIR”) are expected shortly, which clarify certain misinterpretations of the wording of the MIR to date.     Although the wording of the regulation has always made it clea...
May 2018
What is the Duty of Care owed by Bailee of a Vehicle to Innocent Third Parties on the Road?
Insurance Alert
Does a garage owner owe a duty of care to a third party who comes onto the businesses private property, steals a vehicle and is injured in a subsequent motor vehicle accident? The Supreme Court of Canada has ruled that “a business will only owe a...
April 2018
Case Summary: Tree-Techol Tree Technology and Research Co. v Via Rail Canada Inc.
Defence + Indemnity
An Insured has no obligation to include an Insurer’s subrogated claim in an action to recover losses in excess of its insurance coverage. Tree-Techol Tree Technology and Research Co. v Via Rail Canada Inc., 2017 ONCA 876 [4266]; aff’g ...
April 2018
Case Summary: Tuffnail et al v Meekes et al
Defence + Indemnity
A claimant is not required to sue all tort-feasors in order to collect under the OCPF 44 Endorsement (and the Alberta SEF 44 Endorsement).    Tuffnail et al v Meekes et al, 2017 ONSC 2894, per H.A. Rady J.  [4268]   FACTS AND IS...
April 2018
Case Summary: Oliveira v. Aviva Canada Inc.
Defence + Indemnity
C. The Ontario Court of Appeal upheld a decision that a hospital insurer owed a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasio...
April 2018
Case Summary: Core Ventures Inc v Trio Chute Inc (Aluminum Planet)
Defence + Indemnity
Where the lease specifies that the Landlord is obligated to take out fire insurance, the tenant is presumed to benefit generally from the insurance proceeds (even where the fire is caused by the tenant’s negligence) and clear language in the leas...
April 2018
Case Summary: Biggar v. Enns
Defence + Indemnity
In rear-end collisions the trailing driver is not always liable; the Court is to consider the factual circumstances in each case: the speed of the trailing vehicle, the distance between the vehicles, the actions of the trailing driver before the emerge...
April 2018
Case Summary: Stefanyk v Sobeys Capital Incorporated
Defence + Indemnity
C.  A tenant of a shopping centre may be an “occupier” of a sidewalk in front of its leased premises in some circumstances, or owe visitors a common law duty of care regarding same, but it is not negligence to put a bicycle rack at tha...
April 2018
Case Summary: Jones v. I.F. Propco
Defence + Indemnity
A. An Ontario court declined to order a personal injury Plaintiff who had posted pre-accident activities on her public Facebook profile to produce her private profile, even where she planned to call witnesses to testify to the differences between her p...
April 2018
Case Summary: Nasr Hospitality Services Inc. v Intact Insurance
Defence + Indemnity
A. The Court, applying Ontario’s appropriateness factor under the Limitations Act, 2002, SO 2002, c 24, Schedule B., found the limitations period was did not begin to run until the insurer denied the claim under the insurance policy, sometime aft...
April 2018
Case Summary: Glover v. Leaky
Defence + Indemnity
B. An admission of liability in an action is not a formal admission binding the party making it in a subsequent action relating to the same accident, but is only evidence in the second action to be attributed such weight as the Court decides.  Thu...
February 2018
Case Summary: Hartley v Security National Insurance Company
Defence + Indemnity
An Ontario plaintiff was held to be able to look to his OPCF 44R insurer to pay his damages in excess of a liability cap in the U.S. state where the accident occurred up to the OPCF 44R limits but not for the plaintiff’s U.S. legal fees. &nb...
February 2018
Case Summary: Aviva Insurance Company of Canada v Intact Insurance Company
Defence + Indemnity
The Court held that a duty to defend was triggered by pleadings alleging an escape of fuel oil onto neighbouring property despite a pollution exclusion clause in the policies, because the pleaded facts did not allow a determination if the escape fell w...
February 2018
Case Summary: Cardinal v Alberta Motor Association Insurance Company
Defence + Indemnity
C. The SEF 44 Endorsement is not a standalone policy and exclusions in the underlying policy apply to it such that a claimant passenger of a stolen vehicle is entitled to benefits if he/she did not know nor ought to have known that the vehicle was stol...
February 2018
Case Summary: Vanderveen v Waterbridge Media Inc.
Defence + Indemnity
A. Employing a video shot of a person jogging on a public jogging path for a commercial sales-pitch video was found to establish the privacy tort of intrusion upon seclusion.  Vanderveen v Waterbridge Media Inc., 2017 CanLII 77435 (Ont.S.C. Small ...
February 2018
Case Summary: Stefanyk v Stevens
Defence + Indemnity
A. A tenant was found to be an “occupier” of its premises and potentially liable when a dog lunged at a party on the adjacent sidewalk, causing her to fall on the basis of allegedly having allowed a condition or activity on its premises to ...
February 2018
Case Summary: Stevenson v Thompson
Defence + Indemnity
A Plaintiff was found by the trial judge to have exaggerated her pain levels and to have lied during Questioning and to her health care professionals but was still found at trial to be credible and honest, which resulted in the Plaintiff obtaining a fa...
February 2018
Case Summary: Alberta v Suncor Energy Inc.
Defence + Indemnity
A. Documents generated for an internal investigation of an accident can be protected by litigation privilege if they were created for the dominant purpose of litigation but that does not mean that every document on the investigation file is privileged ...
February 2018
Case Summary: Valard Construction Ltd. v Bird Construction Co.
Defence + Indemnity
Supreme Court of Canada finds obligee/trustee under a Labour and Material Payment Bond breached the fiduciary duty owed to a claimant by failing to disclose existence of the Bond. Valard Construction Ltd. v. Bird Construction Co., 2018 SCC 8, per ...
January 2018
Understanding Limitations of Liability: Recent Alberta and Canadian Case Law
Canadian Institute: Managing Risk in Construction Contracts & Projects Conference
December 2017
Through the Scratched Looking Glass: Sattva, Ledcor, Teal and Developments in the Law of Contract
Carswell Annual Review of Civil Litigation 2017
December 2017
Case Summary: Middleton v Pankhurst
Defence + Indemnity
A. In Ontario the Statutory Condition in an auto policy requiring that the driver be “authorized by law” to drive refers to the licensing regime such that breaching driving conditions in a probation order does not render the driver to be un...
December 2017
Case Summary: Economical Mutual Insurance Company v Gill
Defence + Indemnity
B. Where a claim is advanced against a parent in negligence for injury suffered by his child, the family member exclusion clause in the parent’s homeowner’s policy was held to exclude coverage for the parent.  Economical Mutual Insuran...
December 2017
Case Summary: Co-operators General Insurance Company v. Kane
Defence + Indemnity
Where the policy excludes coverage for intentional acts, allegations of negligence relating to the same claim will not be excluded from coverage if “it is possible that they were not committed with the same intention or state of mind, being to in...
December 2017
Case Summary: Reeb v. The Guarantee Company of North America
Defence + Indemnity
An insurer-appointed defence counsel will be in conflict of interest if the interests of the insurer and the insured are not in alignment, and in such cases the Court may appoint independent counsel (an amicus curae or Cumis counsel) to defend the insu...
December 2017
Case Summary: Oliveira v. Aviva Canada Inc.
Defence + Indemnity
E. A hospital insurer was held to owe a duty to defend a hospital employee sued for the privacy tort of inclusion upon seclusion, as such was an “invasion or violation of privacy” or an “invasion or violation of a right of privacy, wi...
December 2017
Case Summary: Hobin v. Enterprise Rent-A-Car Company
Defence + Indemnity
A. The 2009 amendments to the Traffic Safety Act and the Insurance Act with respect to the liability of a renter, lessor or lender of a vehicle were intended to cap their vicarious liability for the driver’s negligence at $1 million and to make t...
December 2017
Case Summary: Larizza v. The Royal Bank of Nova Scotia
Defence + Indemnity
B. A landlord conducting a credit check on a prospective tenant without their knowledge or consent does not amount to the privacy tort of intrusion upon seclusion, as the Ontario statute authorized a credit check in the circumstances and a reasonable p...
December 2017
Case Summary: R v Shah
Defence + Indemnity
After the first reported decision on drones in Canada, the drone operator was found guilty of flying his drone "in a manner hazardous or likely hazardous to aviation safety" under section 602.45 of the Canadian Aviation Regulations as it then...
December 2017
Case Summary: Baker v Poucette
Defence + Indemnity
A. Where a plaintiff is held to suffer a negative loss (i.e. has had a “gain”) under one head of damage, that gain is not to be offset or deducted from another head of damage where the plaintiff has suffered a loss. Baker v Poucette, 2017 ...
October 2017
The Brick Warehouse LP v Chubb Insurance Company of Canada
Defence + Indemnity Newsletter
A. Where an insured’s employee followed an email from a fraudster posing as a vendor to change the electronic payment instructions to an account controlled by the fraudster, coverage was denied under the funds transfer fraud coverage in a crime p...
October 2017
Birss v Tien Lung Taekwon-Do Club
Defence + Indemnity Newsletter
The Master allowed a claim for a sports injury to be amended to add breach of fiduciary duty as a cause of action in the teacher-student situation, and held that while sports participants are taken to consent to the risks inherent in the sport, there a...
October 2017
Hudye Inc v Rosowsky
Defence + Indemnity Newsletter
A. Notes prepared for a witness to rely upon to refresh his/her memory prior to a Questioning may not be privileged and, if they are, relying on those notes to testify waives any privilege over the notes.  Hudye Inc v Rosowsky, 2016 ABQB 724, per ...
October 2017
Bruff-Murphy v Gunawardena
Defence + Indemnity Newsletter
The trial judge was held to have erred in allowing an expert witness, who the judge had reservations about, to testify when said expert was clearly not independent. Judges have a role as gatekeeper to ensure expert witnesses are worthy of being experts...
October 2017
Case Summary: Vermilion & District Housing Foundation v Binder Construction Limited
Defence + Indemnity Newsletter
The Alberta Court of Queen’s Bench holds surety liable under a performance bond for consequential damages suffered by an obligee as result of defaulting contractor.  Vermilion & District Housing Foundation v Binder Construction Limited, ...
August 2017
The Best Lawyers in Canada 2018
25 Field Law Lawyers Recognized
25 Lawyers from Field Law Recognized in The Best Lawyers™ in Canada 2018 Field Law is pleased to announce that 25 lawyers have been included in the 12th Edition of The Best Lawyers™ in Canada. Three of these lawyers are new additions a...
August 2017
Case Summary: Funk v. Wawanesa Mutual Insurance Company
Defence + Indemnity
The Court may refuse to apply an insurance policy provision where it would lead to an unjust result in the circumstances, per s. 545(1) of the Insurance Act or pursuant to the Court’s ability to relieve against forfeiture, per the Judicature Act,...
August 2017
Knibb v. Foran
Defence + Indemnity
The case against a baseball team operating a beer tent at a tournament in commercial host liquor liability was dismissed after a summary trial despite the lack of a system to monitor patron consumption, because the evidence did not establish that the t...
August 2017
Bumstead v. Dufresne
Defence + Indemnity
The Court of Appeal upheld a trial judgment based on significant plaintiff credibility issues awarding less than $300,000 in the face of a $2,000,000 claim.  Bumstead v. Dufresne, 2017 ABCA 122 [4236]I. FACTS AND ISSUES   This judgement inv...
August 2017
Biancaniello v. DMCT LLP
Defence + Indemnity
Litigation Releases can be wide enough to preclude future claims between the parties that were unknown and unanticipated when the Release was executed.  Biancaniello v. DMCT LLP, 2017 ONCA 386, per Feldman, J.A. [4235]I. FACTS AND ISSUES   ...
August 2017
Nemchin v. Green
Defence + Indemnity
A court held that the Defence was precluded from tendering social media evidence relating to the Plaintiff and relying on it at trial, notwithstanding that the Plaintiff may have been obligated to disclosure it herself, where the Defendant agreed to a ...
July 2016
Alberta Government Updating 2004 Auto Insurance Reforms
Insurance Alert
The Alberta government has announced that it is in the process of updating the regulations involved in the 2004 auto insurance reform, namely the Minor Injury Regulation, Alta Reg 123/2004Íž the Diagnostic and Treatment Protocols Reg...
July 2016
Police Access to Accused Statements to the Insurer
Canadian Bar Association
July 2016
If Your Expert Doesn’t Know the Product he is Testifying on, You’re Gonna Have a Bad Time
Insurance Alert
Most will remember the case McDougall v. Black & Decker Canada Inc. as being the leading Alberta case on the issue of spoliation. A fire occurred which burned down the Plaintiffs' house. The Fire Department who initially inv...
June 2016
Case Summary: HOOPP Realty Inc. v. The Guarantee Company of North America
Defence + Indemnity
Obligee's claim against surety can survive despite Obligee's claim against principal being unenforceable as a result of wording of completion agreement.  HOOPP Realty Inc. v. The Guarantee Company of North America, 2015 ABCA 336&...
June 2016
Case Summary: Maynard v. Alberta Motor Assn.
Where a party pleads equitable relief (such as rescission, estoppel or relief from forfeiture) with respect to an insurance policy, the claim cannot be heard by a jury.   Maynard v. Alberta Motor Assn., 2015 ABQB 564, per ...
June 2016
Case Summary: Nahal v. Ram
Contributory negligence of a passenger will not be found by virtue of the passenger’s knowledge that the driver only has a novice driver’s licence without evidence that the passenger engaged in negligent acts or knew the...
June 2016
Case Summary: McPhail v. John Doe I
Under the Occupier’s Liability Act (OLA) there is no duty to investigate and identify a patron for the purposes of a claim between the two patrons unless the occupier had done something to induce an expectation that it would conduc...
June 2016
Case Summary: Graham (Litigation guardian of) v. Lemay
Defence + Indemnity
Both the legal/registered owner and lessor and the beneficial owner and lessor of a vehicle are vicariously liable for the lessee’s vehicular negligence but only to the liability cap for lessors.   Graham (Litigation gua...
June 2016
Case Summary: Bumstead v. Dufresne
Defence + Indemnity
Surveillance evidence significant in discrediting Plaintiff in large chronic pain case.   Bumstead v. Dufresne, 2015 ABQB 787, per Horner, J.   I. FACTS AND ISSUES   The Plaintiff was injured in a rear­-end mot...
June 2016
Case Summary: Jones v. Stepanenko
Insurance + Indemnity
The Court overtly accepted the Plaintiff’s expert testimony and criticized well-­known defence experts with regard to whether the Plaintiff’s injuries were minor and whether fibromyalgia can be caused by trauma. &nbs...
June 2016
Case Summary: Condominium Corporation No 0425636 v Amyotte’s Plumbing
Defence + Indemnity
The principles for extending the limitation period for filing Third Party Notices.  Condominium Corporation No 0425636 v Amyotte’s Plumbing, 2015 ABQB 801, per Master Schulz  I. FACTS AND ISSUES When the condomi...
June 2016
Case Summary: HOOPP Realty Inc. v. The Guarantee Company of North America
Defence + Indemnity Newsletter
Obligee's claim against surety can survive despite Obligee's claim against principal being unenforceable as a result of wording of completion agreement.    HOOPP Realty Inc. v. The Guarantee Company of North A...
May 2016
Case Summary: McMyn v. Manufacturers Life Insurance Co.
Defence + Indemnity
General information of claims practices and company personnel obtained by an insurer’s in-house counsel is not the type of confidential information that will disqualify the lawyer from acting as Plaintiff’s counsel against the insurer ...
May 2016
Keeping Your Cards Close To Your Vest
Protecting Confidentiality for Statements
May 2016
L’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée
Defence + Indemnity
Liability of surety in Quebec under a labour and material payment bond consistent with common law principlesL’Unique Assurances Générales inc., Appelante, c Échafauds Plus (Laval) inc., Intimée, 2015 QCCA 1725 [4174]I....
May 2016
Case Summary: Fernandes v. Araujo
Defence + Indemnity
Where an owner consents to possession of a vehicle to the driver, conditions on that consent do not bind third parties who are injured or suffer loss.    Fernandes v. Araujo, 2015 ONCA 571 [4179]    I. FACTS AND ISSUES&nbs...
May 2016
Case Summary: McLean v. Parmar
Defence + Indemnity
TMJ, concussion, depression, PTSD, and chronic pain held not to be “minor injuries” within the meaning of the Minor Injury Regulation.   McLean v. Parmar, 2015 ABQB 62, per Eidsvik, J. [4177]    I. FACTS AND ISSUEST...
May 2016
Case Summary: Sunner v. Rana
Defence + Indemnity
In assessing the quantum for loss of future income earning capacity, negative contingencies must be supported by evidence.   Sunner v. Rana, 2015 BCCA 406, per Chaisson, J.A. [4178]   I. FACTS AND ISSUES     This is a...
May 2016
Case Summary: R. v. Glenfield
Defence + Indemnity
Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission?   R. v. Glenfield, [2015] O.J. No. 1212, per Hambly, J. [4175]   I. FACTS AND ISSUES   ...
May 2016
Case Summary: R. v. Fedan
Defence + Indemnity
Do police need a warrant to access the data on a vehicle’s airbag control module without the owner or driver’s permission?    R. v. Fedan, 2016 BCCA 26, per Smith, J.A. [4176]    I. FACTS AND ISSUES&n...
March 2016
Lessors of Vehicles Still Vulnerable Under Workers Compensation Act
Insurance Alert
Dempsey v. Bagley, 2016 ABQB 124 ­- Lessors of Vehicles Still Vulnerable Under Workers Compensation Act  There were two motor vehicle accidents in the summer of 2006. The plaintiffs and the defendants involved in the accidents were ...
February 2016
Case Summary: Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel
Defence + Indemnity
The relationship between trust and lien claims under Provincial builders' lien legislation. Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, per Rothstein, J.   FACTS AND ISSUES    &nb...
February 2016
Case Summary: Portage LaPrairie Mutual Insurance Company v. Sabean
Defence + Indemnity
Future CPP benefits fall under the definition of “any policy of insurance” and are therefore deductible from amounts payable by SEF 44 insurers.  Portage LaPrairie Mutual Insurance Company v. Sabean, 2015 NSCA 53, p...
February 2016
Case Summary: Bilg v. Unifund Assurance Company
Defence + Indemnity
“Dependent Relative” in an SEF 44 policy requires proof of financial dependence.       Bilg v. Unifund Assurance Company, 2015 ABQB 779, per Pentelechuk, J.      I. FACTS AND ISSUES  &n...
February 2016
Case Summary: Felix v. Insurance Corporation of British Columbia
Defence + Indemnity
A passenger who grabs the steering wheel is involved in the “use” or “operation” of the vehicle such that the loss is covered by the auto policy.Felix v. Insurance Corporation of British Columbia, 2015 BCCA 394, per Bennett...
February 2016
Case Summary: Urbanson v. Western Canadian Place
Defence + Indemnity
A sports liability waiver provides an effective defence in a fitness facility accident where appropriately brought to the attention of a sophisticated Plaintiff.  Urbanson v. Western Canadian Place, 2016 ABQB 32, per Maste...
February 2016
Case Summary: Thompson (Litigation guardian of) v. Saanich (District)
Defence + Indemnity
Every day and reasonably safe playground activities will not expose a Defendant school district to occupier’s liability.     Thompson (Litigation guardian of) v. Saanich (District), 2015 BCSC 1750, per Baird J. ...
February 2016
Case Summary: RVB Managements Ltd. v. Rocky Mountain House
Defence + Indemnity
Costs per Schedule C can be increased for inflation and subjected to a multiplier for complexity of the case.   RVB Managements Ltd. v. Rocky Mountain House, 2015 ABCA 304, per Paperny, Watson, Slatter JJ.A.   I. FACT...
December 2015
Case Summary: Ostrowercha v. Co­-Operators General Insurance Company
Defence + Indemnity Newsletter
Pedestrian struck by unidentified motorist not covered by her own SEF 44 Endorsement.    Ostrowercha v. Co-­Operators General Insurance Company, 2015 ABQB 636 [4150]   I. FACTS AND ISSUES   The Defendant...
December 2015
Case Summary: Hoang v. Vincentini
Defence + Indemnity
Insurer conflict of interest: insurer: ­appointed counsel removed from the case, replaced by insured’s choice of counsel at insurer’s expense.  Hoang v. Vincentini, 2015 ONCA 780, per Laskin, J.A.  I. FACTS...
December 2015
Case Summary: Ledcor Construction Limited v. Northbridge Indemnity Insurance Company
Defence + Indemnity
Cost of replacing glass in order to remedy faulty workmanship excluded by exclusion clause.  Ledcor Construction Limited v. Northbridge Indemnity Insurance Company, 2015 ABCA 121  I. FACTS AND ISSUES  Station Lands Lt...
December 2015
Case Summary: Shamac Country Inns Ltd. v. Sandy’s Oilfield Hauling Ltd.
Defence + Indemnity
An employer cannot sue an employee common with a defendant employer where the employee is a common employee of both employers.    Shamac Country Inns Ltd. v. Sandy’s Oilfield Hauling Ltd., 2015 ABQB 518, per Master&n...
October 2015
Police and Adjuster Statements – Admissible or Not?
Insurance Alert
The Alberta Court of Appeal in the recent case of R. v. Porter, 2015 ABCA 279, has concluded that neither a statement made to the police pursuant to the Traffic Safety Act section 71, nor a statement provided to an insurance adjuste...
March 2015
Minor Settlements - Beware of the Pitfalls
Insurance Alert
Claims involving minors require special consideration. In order to settle a claim without fear of the minor setting aside the settlement once he or she turns 18, a Court Order approving the settlement is required. Several steps are ...
July 2014
Provincial Court Expected to Increase Financial Limits
The Minister of Justice and Solicitor General has recommended a change in the Provincial Court financial maximum from the current limit of $25,000 to $50,000 effective on August 1, 2014. The Provincial Court Civil Division Regulation (AR 329/89) h...
February 2014
Significant Alberta Court of Appeal Decision for Automobile Insurers
On February 26 the Alberta Court of Appeal released its decision in Hammond v DeWolfe, 2014 ABCA 81, a decision of some significance for automobile insurance underwriters in Alberta. In brief the Court of Appeal concluded the Insurance Act restric...
January 2014
Paving The Way Forward: Automobile Claims and Diminished Value
The long awaited King et al v. Satchwell et al., 2013 ABPC 358, decision of the Honourable Judge Skitsko on diminished value has been released. This decision, argued by Field Law’s own Alex Yiu, has helped to clarify several legal issues bei...