Articles
Allocation of Defence Costs and Conduct of Defence
Scott W.K. Urquhart and Nikta Shirazian I. Introduction In most instances where a duty to defend has been triggered the insurer has the obligation to pay the defence costs and...
Read MoreGood Intentions, Unintended Consequences: Potential Pitfalls for the Insurance Industry and the CTR.
Authors:Scott W.K. Urquhart and Margot Liechti British Columbia is in the process of rolling out a new dispute resolution mechanism for strata disputes and matters falling within the Provincial Court...
Read MoreCourse of Construction Policies and Consequential Economic Losses
Author: Scott W.K. Urquhart Acciona v. Allianz and Claims for Increased Expense. Much ink has been spilled on the BC courts’ decisions in Acciona Infrastructure Canada Inc. v. Allianz Global Risks...
Read MoreThe History and Treatment of Damages in Canada
Author: Lawrence Bau Introduction The law of damages in Canada has undergone unique changes over the past 50 years which have helped shape the actions of Canadian society. The development...
Read MoreDetermining Coverage in Cases Involving Multiple Concurrent Causes
Introduction Insurance policies commonly contain clauses which stipulate which losses are covered and which are excluded under the policy. However, determining whether coverage applies can be complicated when a loss...
Read MoreConcurrent Causation and Insurance for Catastrophic Weather Events
Author: Lawrence Bau and Scott Urquhart One of the thorniest issues to deal with in insurance coverage matters is that of “concurrent causation”. The problem was illustrated again on the national...
Read MoreHelping the Witness Help the Court
“Expert evidence is getting considerable judicial attention recently. There is considerable concern that experts are not fulfilling their role as unbiased providers of assistance to the courts, and several Canadian jurisdictions have tackled the concerns in recent revisions...
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