Insurance Overview Experience People News + Views + Events 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:
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- Disability + Life Insurance
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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. County of Vulcan v. Genesis Reciprocal Insurance Exchange, 2020 ABQB 93 ALIA re: Sylvia Lapaschuk and Andrew Tanasychuk Carvalho v Associated Chinook Cab Ltd., 2019 ABPCMGN Constructors Inc v AXA Pacific Insurance Company, 2018 ABQB 631Arc Line Construction Ltd v Smith Trucking Services (1976) Ltd, 2018 ABQB 448Alberta Motor Association Insurance Company v Aspen Insurance UK Limited, 2018 ABQB 207HVC Canada Ltd v. EllisDon Construction Services Inc., 2016 ABQB 602HVC Canada Ltd. v. EllisDon Construction Services Inc., 2016 ABQB 105Cranbrook (City) v. Gabriel Construction (Alberta) Ltd., 2014 BCSC 2280MGN Constructors Inc. v. Axa Pacific Insurance Company, 2012 ABQB 561V.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 April 2021 - 3 min read No Control, No Liability? Clarification on Liability of Owners of Rented/Leased Vehicles
What happens when the owner isn't covered by the Workers' Compensation Act?
A recent case from the Alberta Court of Queen’s Bench, Barz v Driving Force Inc, provides some clarity to the law as it relates to the vicarious liability ... March 16, 2021 Coffee + Counsel: Alberta Automobile Insurance, Recent Reforms + Case Law
Q+A Session Join Field Law for another edition of Coffee + Counsel, a complimentary series that brings you together with a few of our lawyers for an unscripted chat about legal issues pertinent to automobile insurers in Alberta. Your questions guide the discussion... January 2021 Field Law Announces Five New Partners The Firm welcomes Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky to its partnership.Field Law is pleased to welcome Anthony Burden, Jason Kully, Lisa Statt Foy, Britt Tetz, and Matthew Turzansky as partners of the Firm. ... December 2020 - 25 min read Case Summary: Tokio Marine & Nichido Insurance Company v Security National Insurance Company Defence + Indemnity The Alberta Court of Appeal has interpreted and applied Alberta’s legislation, which sets out the priorities of various insurers who may be involved in a leased/rented vehicle situation. Tokio Marine & Nichido Insurance Company v. ... December 2020 - 7 min read Case Summary: Der v Zhao Defence + Indemnity The existence of a municipal bylaw requiring residents to clear sidewalks abutting their property together with the fact that the property owner voluntarily cleared the sidewalk do not create a duty of care towards users of the sidewalk. Der v Zhao, 20... December 2020 - 6 min read Case Summary: ANC Timber Ltd. v Alberta (Minister of Agriculture and Forestry) Defence + Indemnity The Alberta Court of Queen’s Bench considered the rules for admissibility of affidavit evidence at length. ANC Timber Ltd. v Alberta (Minister of Agriculture and Forestry), 2019 ABQB 653, per Topolniski, J.
Facts + Issues
This case concerned ... December 2020 - 10 min read Case Summary: Hannam v Medicine Hat School District No. 76 Defence + Indemnity The Alberta Court of Appeal clarified what is required for a summary judgment/dismissal after Weir-Jones Technical Services Inc. v Purolator Courier Ltd. and concluded that the outcome of the case does not have to be obvious in order for a Court to gra... December 2020 - 9 min read Case Summary: In re Capital One Consumer Data Sec. Breach Litig. Defence + Indemnity A U.S. District Court holds that the report of a forensic consultant, engaged on retainer in advance, in response to a data breach is NOT privileged. In re Capital One Consumer Data Sec. Breach Litig., 2020 U.S. Dist. LEXIS 91736 (U.S. Dist. Ct., E Va.... December 2, 2020 Navigating the Maze of Psychological + Brain Injuries Webinar Claims of psychological injury have increased significantly since the advent of the Minor Injury Regulation. Such problems can range from adjustment disorder and depression to post-concussion syndrome and PTSD. Such injuries are particularly difficult ... November 26, 2020 Forensic Evidence: How to Prevent + Protect Against Spoliation Webinar Join Field Law's Danielle Mousseau and Origin and Cause's Matthew Obach and Martin Coles for a webinar discussing:• An overview of the law on spoliation
• Knowing when to engage th... November 2020 - 4 min read Weir in Agreement: Alberta Court of Appeal Confirms Summary Rule In Hannam v Medicine Hat School District No. 76, 2020 ABCA 343 (“Hannam”), the Alberta Court of Appeal re-affirmed its position in the previously well-known 2019 decision of Weir-Jones. Hannam is a significant decision a... October 2020 - 5 min read Case Summary: LDS v SCA Defence + Indemnity Forensic analysis of voluminous data and electronic devices can constitute steps which "significantly advance" an action to resist an application for dismissal of the litigation on account of delay. LDS v SCA, 2020 ABQB 586
Fa... October 2020 - 7 min read Case Summary: Sack v Lange Defence + Indemnity While sports competitors owe a duty of care to other players, the fact of an accident or injury occurring during gameplay does not necessarily establish that the Defendant competitor was negligent. There must be a failure to take appropriate care, as a... October 2020 - 6 min read Case Summary: National Ink & Stitch, LLC v. State Auto Property & Casualty Insurance Company Defence + Indemnity The insured was held to be covered for “direct physical damage”, being loss/corruption of electronic data and software, and for a reduction of efficiency in the computer system caused by a ransomware attack. This was largely due to the word... October 2020 - 5 min read Case Summary: Ewashko v Hugo Defence + Indemnity The Alberta Court of Appeal held that co-defendants who are not adverse in interest are not required to share experts. Ewashko v. Hugo, 2020 ABCA 228
Facts + Issues
Plaintiff Ewashko, represented by his mother, suffered a significant birth inj... October 2020 - 21 min read Case Summary: Stacey Estate v Lukenchuk Defence + Indemnity For damages under the Fatal Accident Act, the plaintiff need not prove that the defendant’s tort was the sole cause of the death, but only that it contributed to the death. The “but for” test for causation is applicable for this and m... 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 case.... 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 Plaint... 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: 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 2020 Uncertain Surety: Expiration of a Limitation Against a Principal is not a Defence to a Bond Claim Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired. But, in the ca... 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 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... 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. 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... 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 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: 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... August 2018 - 13 min read Six Circles of Hell: Priority Among Insurers In An Alberta Rental/Leased Vehicle Claim Accidents involving rental/leased vehicles give rise to overlapping insurance coverage situations. The rental/leasing company will have an owner’s policy covering it and anyone driving with its consent. The driver may have an owner’s policy... 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 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 “invasion o... 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 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 that locatio... April 2018 Case Summary: Jones v. I.F. Propco Defence + Indemnity 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 pre ... April 2018 Case Summary: Glover v. Leaky Defence + Indemnity 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. Thus, ... 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 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 stolen.... February 2018 Case Summary: Vanderveen v Waterbridge Media Inc. Defence + Indemnity 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 Cla... 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 ... 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: 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 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, withi... December 2017 Case Summary: Hobin v. Enterprise Rent-A-Car Company Defence + Indemnity 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 the ... December 2017 Case Summary: Larizza v. The Royal Bank of Nova Scotia Defence + Indemnity 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 pers... 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 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 ABCA ... October 2017 The Brick Warehouse LP v Chubb Insurance Company of Canada Defence + Indemnity Newsletter 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 poli... 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 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 Gat... 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... 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: 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 guard... 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... 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: 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. ... 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 FACTS AND ISSUES Station Lands Ltd retaine... 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... |
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