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  • Article

    First Party Claims: Responsibilities Of The Insurer And Insured - Part 3 Of 7

    The insurance contract is a contract of utmost good faith. This duty is reciprocal. This duty not only requires insurers to respond to and investigate claims in good faith, but also requires insureds to present their claims in good faith.
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    British Columbia: What is Reasonable in the Context of the Mitigation Argument?

    The Supreme Court of Canada has held that once a plaintiff has established damages, the onus shifts to the defendant to establish any culpable failure to mitigate. The
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Surveillance Evidence Kept Out Of Court | Taylor v. Brar, 2026 BCSC 96

    The Supreme Court of British Columbia has ruled that video surveillance evidence obtained after defence counsel improperly shared a plaintiff's confidential mediation brief with private investigators must be excluded from trial. This decision reinforces the fundamental principle that settlement negotiation privilege protects parties engaging in good faith mediation, and violations of this privilege will result in strict exclusionary remedies to preserve the integrity of the settlement process.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    How Your Information Is Protected In Litigation In Saskatchewan: The Implied Undertaking Rule

    No one likes having their private information dragged into the open. So when you are involved in a lawsuit, the discovery process—where each party shares information...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    State Reliance: Optional Or Mandatory?

    The British Columbia Court of Appeal has ruled that universal government benefits must be deducted from future care cost awards in personal injury cases...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Tortfeasor Covered: Victim's Covenant To Insure Supersedes Indemnification Clause

    Catherwood Towing Ltd v Lehigh Hanson Materials Limited, 2024 BCCA 348 highlights the effect of a covenant to insure within a commercial contract...
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    New Authority: Property Tax Incentive Bylaws For Residential Property

    Municipalities now have the authority to offer residential tax incentives in Alberta, similar to the incentives introduced in 2019, which granted the same authority to municipalities...
    CanadaTax
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Evidence Over Speculation: The BC Court Of Appeal Revisits Contingency Deductions In Mariotto V. Rowntree Estate 2026 BCCA 215

    The British Columbia Court of Appeal examines how courts should assess negative contingency deductions when plaintiffs have pre-existing health conditions, establishing critical evidentiary standards for reducing damages based on psychological vulnerability. This decision clarifies the burden defendants must meet to justify substantial reductions in personal injury awards and distinguishes between proving a contingency exists versus quantifying its likelihood.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Selective Disclosure = Full Exposure: BC Court Expands Privilege Waiver In Coverage Case

    The Insurer's ‘liberal' approach to document production opened the door to wider waiver of privilege in Pacific Sands Beach Resort v. Co-Operators General Insurance Company, 2025 BCSC 858.
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Employment Law: Terminology (Part 1 Of 6)

    The employment relationship is founded in the contract between the employer and employee.
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Workplace Violence Policy Requirements Following Amendments To The Saskatchewan Employment Act

    Last year, the Government of Saskatchewan passed An Act to amend The Saskatchewan Employment Act, 2023, which amends provisions of The Saskatchewan Employment Act (the "SEA")...
    CanadaEmployment and HR
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Recent Trends In Leave Applications: The Saskatchewan Farm Security Act

    Section 9(1)(d) of The Saskatchewan Farm Security Act ("SFSA") prohibits creditors from commencing an action against farm land without first obtaining an order of the Court.
    CanadaFinance and Banking
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    A Trip Abroad, A Lawsuit At Home? Jurisdiction Limits In Travel-Related Torts

    In a closely divided 5-4 decision, the Supreme Court of Canada in Sinclair v Venezia Turismo, 2025 SCC 27 considered whether Ontario courts could assume jurisdiction over foreign defendants in a travel-related tort...
    CanadaTransport
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Amendments To The CBCA Effective June 13, 2019

    As part of the federal government's anti-money laundering and counter-terrorism initiatives, the federal government is implementing several changes to the Canadian Business Corporations Act ("CBCA") through Bill C-86.
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Introducing EPR In Alberta: How Municipalities Can Navigate This New Waste Diversion Model

    In an effort to reduce waste and encourage recycling, Alberta's new Extended Producer Responsibility (EPR) program is making producers responsible for collecting...
    CanadaEnvironment
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Beyond Four Walls: BC Court Of Appeal Determines Scope Of Coverage For Property Damage Occurring 'Within Your Dwelling'

    In December 2019, water backed up and escaped from a drain located in an area of the appellant homeowners' property.
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Scope Of Coverage For Property Damage Occurring 'Within Your Dwelling'

    The homeowners emerged victorious in the recent Court of Appeal decision interpreting coverage for property damage that occurred "within the dwelling".
    CanadaInsurance
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    The High Bar For Overturning Jury Awards: Insights From Langford (City) V. Matthews, 2024 BCCA 214

    The case, Langford (City) v. Matthews, from the British Columbia Court of Appeal highlights how Appeal Courts avoid overturning jury awards unless they are "wholly disproportionate or shockingly unreasonable".
    CanadaLitigation, Mediation & Arbitration
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Case Comment: Murray v Windsor Brunello Ltd, 2023 ABKB 375

    Murray v Windsor Brunello Ltd, 2023 ABKB 375 concerns a dispute over construction defects brought forward by Donald and Linda Murray against a number of defendants.
    CanadaReal Estate and Construction
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Blinded By The Light: Police Found Not Liable For Roadside Collision

    Can police officers who are providing roadside assistance be found partially liable for a collision due to the positioning of their vehicle and the blinding effect of their emergency lights on oncoming traffic?
    CanadaTransport
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)

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