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The Breach of a Statutory Provision Does Not Determine Negligence
2018.07.04 // Read More
Tiffany P.K. Tsang and Callan W. MacKinlay
In cases such as motor vehicle accident claims, it is tempting for parties (and even courts) to infer negligence from a breach of a statutory regulation; however, we are reminded in the recent case of Haynes v. Haynes, 2017 BCCA 131 that the factual matrix and evidence of surrounding circumstances ultimately determines liability. A regulatory breach is just one element of that factual matrix. Fundamentally, the plaintiff still bears the burden of proving a breach of the common law standard of care, notwithstanding the presence of a regulatory breach by the defendant. That breach alone will not suffice to prove negligence.
Allocation of Defence Costs and Conduct of Defence
2018.06.27 // Read More
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 will have conduct of the defence. However, this arrangement is not true in all cases. Indeed, certain circumstances arise where the costs of defending an action can be allocated amongst various parties. For example, such a scenario may arise when an insured has more than one liability insurer and both are obligated to defend an action. It may also arise in instances where there are covered and uncovered aspects to a particular claim. The purpose of this paper is to provide an overview of the legal principles governing the allocation of defence costs in the aforementioned scenarios. This paper will also address the legal principles governing the determination of which party obtains conduct of the defence in such circumstances.
Social Media Evidence On Trial
2017.08.21 // Read More
Vanessa Gauthier is on the panel for Risk Management Counsel of Canada’s mock trial on the complex and changing issues surrounding the use of social media evidence in insurance defense claims. The mock trial is taking place on September 21st in Calgary. Issues to be addressed include:
- The admissibility of social media evidence at trial
- Authenticating and dating social media entries
- Ethical issues associated with obtaining social media evidence
Lindsay LLP Among Canadian Top Ten Boutique Firms
2017.06.20 // Read More
We are pleased to announce that Lindsay LLP has been ranked one of the Top Ten Boutique Insurance Law Firms in Canada in a survey done by The Canadian Lawyer Magazine.
The Canadian Legal Lexpert Directory profiles leading practitioners across Canada in over 60 practice areas and leading law firms in over 40 practice areas as identified via an extensive, annual peer survey. We are proud to say that Lindsay LLP is one of Vancouver’s Leading firms that is consistently recommended.
Continuing Legal Education Society of British Columbia
2016.08.11 // Read More
The Continuing Legal Education Society of British Columbia works with over 1,000 volunteers every year to support a culture of learning, to encourage innovation, and to give back to the BC bar. We are very proud to say that our own Richard B. Lindsay and Jan Lindsay are a part of this list of prolific contributors.
Good Intentions, Unintended Consequences: Potential Pitfalls for the Insurance Industry and the CTR.
2016.04.27 // Read More
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 Small Claims jurisdiction ($25,000.00). The object of the Civil Resolution Tribunal (the “CRT”) is admirable. The aim is to provide convenient and cheaper access to justice through an online portal that is user friendly and purged of byzantine legal processes.
Course of Construction Policies and Consequential Economic Losses
2016.04.20 // Read More
Author: Scott W.K. Urquhart
Acciona v. Allianz and Claims for Increased Expense.
Much ink has been spilled on the BC courts’ decisions in Acciona Infrastructure Canada Inc. v. Allianz Global Risks US Insurance Company[1]. But the lion’s share of the commentary has focussed on the defect exclusion at issue in that case, known as the LEG 2/96 exclusion, and the finding that it did not exclude damage to defectively constructed property. Garnering less attention are the courts’ rulings with respect to the economic claims presented by the insured.
Sun Run 2016
2016.04.19 // Read More
Team Lindsay LLP participated in the 32nd Annual Vancouver Sun Run on April 17, 2016 in the glorious sunshine. We capped off our successful completion of the run with a post race gathering on the rooftop deck.
Jan Lindsay Wins Peter S. Hyndman Mentorship Award
2015.11.27 // Read More
The Vancouver Bar Association is pleased to announce that Jan Lindsay, Q.C. is the recipient of the 2015 Peter S. Hyndman Mentorship Award. This award is conferred each year to recognize a member of the legal profession who has distinguished herself or himself as having been an outstanding mentor.Jan is an exemplary mentor who has spent an extraordinary amount of time passing onto others her knowledge, insight, wisdom and experience.She has always given 100% to the profession. Her door is always an open one. It is impossible to slow her down. Her energy and enthusiasm for the law is mind boggling.
Congratulations Jan! We are all proud of this and your many accomplishments. Well deserved!
The History and Treatment of Damages in Canada
2014.09.18 // Read More
Author: Lawrence Bau
Introduction
The law of damages in Canada has undergone unique changes over the past 50 years which have helped shape the actions of Canadian society. The development of three areas of damages in Canada is of particular interest: non-pecuniary, punitive, and aggravated damages.
With respect to non-pecuniary damages, the Supreme Court of Canada, Canada’s highest court, implemented a series of rulings in the late 1970s which affected the way non-pecuniary damages were awarded. The rulings have had longstanding social implications. We will discover how the rule has been treated in subsequent cases and predict how it will likely fare in the future.