Class Action Law Newsletter July 2026
The Emerging Role of Predominance in Ontario Class Actions: Pedersen v. Advanced Bionics LLC By Christine Galea and Oneal Banerjee, Dolden Toronto *As published…
Knowledge
Case briefs, newsletters and firm news from Dolden’s lawyers, keeping insurers up to date on the court decisions and legislative changes that affect their claims across Canada.
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Construction Law Newsletter July 2026
This special edition of our newsletter highlights recent decisions on constructionlaw, with practical guidance on holdbacks, anticipatory breach, and mitigation ina changing market. Skipping…
Dolden Construction Newsletter – July 2026
STALE CONSTRUCTION LAWSUITS DON’T DISMISS THEMSELVES: PRACTICAL LESSONS FROM THE B.C. COURT OF APPEAL By: Cody Mann, Dolden Vancouver Every claims examiner or adjuster…
Supreme Court Recognizes New Tort Of Intimate Partner Violence
By: Amelia Staunton, Brett Stephenson, and Mark Barrett The Supreme Court of Canada, in Ahluwalia v. Ahluwalia, 2026 SCC 16, has recognized a new…
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Construction Law Newsletter April 2026
This special edition of our newsletter highlights key legislative changes reshapingconstruction law across Canada, and explores how stricter timelines and fasteradjudications are transforming payment…
Municipal Law Newsletter February 2026
This special edition of our newsletter focusses on municipal practice,including case briefs and articles which will be of interest for adjustersand insurers working in…
Dolden Class Action Newsletter-February 2026
Forever Chemicals, Lingering Liability: Proposed PFAS Class Action in North Bay By Christine Galea and Jacqueline Gelfenbein, Dolden Toronto On October 16, 2025, a…
Dolden Class Action Newsletter – February 2026
When Clear Building Cost Exclusions Aren’t the Last Word: Nullification Goes National By: Mark Barrett and Cody Mann In Emond v. Trillium, the Supreme…
Dolden Class Action Newsletter-October 2025
Big Risk Nets Big Reward in Big Tobacco Class Action By Jonathan Tatner, Dolden Toronto $909 million – the recent U.S. Powerball jackpot? Close,…
Construction Newsletter – May 2025
Prompt Payment and Construction Lien ActBy David Girard, Dolden Calgary and Elka Dadmand, Dolden Toronto Q1: There has been a lot of buzz about…
DOLDEN CONSTRUCTION LAW NEWSLETTER- MARCH 2025
Construction Law Newsletter What to Watch Out for When Agreeing to a Recovery Schedule and the Consequences of Distorted Builders Liens By Jonathan Weisman,…
Dolden Construction Law Newsletter – November 2024
Construction Law Newsletter By Robert Smith, Dolden Toronto In Bhoola v. City of Vaughan, the Ontario Superior Court of Justice granted summary judgment dismissing…
Dolden Class Action Newsletter – July 2024
The Road to Approval: Embracing Reasonableness Over Perfection in Class Action Settlements By Christine Galea and Jennifer Wu, Dolden TorontoEmail: cgalea@dolden.com and jwu@dolden.com The…
Dolden Case Brief – Charter Applies to Ontario School Boards SCC – July 26, 2024
CHARTER APPLIES TO ONTARIOSCHOOL BOARD – SUPREME COURTOF CANADA By Oneal Banerjee, Dolden Toronto, andHannah Sutherns, Dolden Toronto The Supreme Court of Canada (SCC)…
Dolden Case Brief – A Strong New Precedent on Conditions Precedent – July 24, 2024
A STRONG NEW PRECEDENT ONCONDITIONS PRECEDENT:FURTADO v. LLOYD’S UNDERWRITERS By Paul Dawson, Dolden Vancouver In Furtado v. Lloyd’s Underwriters, the Court of Appeal for…
Dolden Municipal Law Newsletter – July 2024
“Municipal Law Special” This special edition of our newsletter focusses on municipalpractice, including case briefs and articles which will be of interestfor adjusters and…
Summer 2024 Wildfire Update – June 28, 2024
SUMMER 2024 WILDFIRE UPDATE By Dan Richardson, Dolden Vancouver, andSinead Linden, Dolden Vancouver Recent news reports have noted that Canada’s wildfire season is off…
Coverage Law Special Newsletter – June 2024
Introduction By Michael Libby, K.C., Dolden Vancouver, and David Girard, Dolden Calgary This newsletter highlights several recent Court of Appeal decisions from across Canada…
Dolden Case Brief – Delayed Disclosure of Pierringer Agreement is an Abuse of Process, Says Alberta Court – May 2024
PIERRINGER DANGER: DELAYEDDISCLOSURE OF PIERRINGERAGREEMENT IS AN ABUSE OF PROCESS,SAYS ALBERTA COURT By Jakub Ksiazek, Dolden Calgary The Alberta Court in Ball v 1979927…
Announcing the Dolden and RSS Strategic Alliance
Dolden Wallace Folick LLP and Robinson Sheppard Shapiro LLP are excited to announce that they have entered into a strategic alliance (the “Strategic Alliance”).…
Two Files or One – Conflict with Insured
The insurer’s exclusive right to appoint and instruct defence counsel is one of the cornerstones of insurance law. However…
Newsletter – April 2024
Does Provocation Mitigate Damages or Constitute Fault? By Amelia Staunton, Dolden Vancouver, and Luke Montalbano, Dolden Vancouver A recent case suggests that, in British…
Privilege: When are Communications Confidential?
Put simply, privilege is the right of a person not to disclose information that would otherwise have to be disclosed under law.
Dolden Case Brief – Limitation of Liability in the Construction Setting – March 2024
CAN CONTRACTS PROTECT ARCHITECTSAND ENGINEERS FROM LIABILITY TOOWNERS AND OCCUPANTS? By Paul Dawson, Dolden Vancouver When architects or engineers are sued for design or…
Dolden Class Action Newsletter – March 2024
Back to Basics: Pre-Certification Jurisdictional Application Determined by B.C. Court By Christine Galea and Jessa Conmigo, Dolden TorontoEmail: cgalea@dolden.com and jconmigo@dolden.com A recent jurisdictional…
Newsletter Special Edition – February 29, 2024
DIVIDING THE BILLS, DRIVING THE BUS:LOBLAW COMPANIES LIMITED v. ROYAL& SUN ALLIANCE, 2024 ONCA 145 By Cecilia Hoover, Dolden Calgary, Paul Dawson, Dolden Vancouver,…
Newsletter – February 2024
NEW HISTORICAL ABUSE DECISIONPROVIDES GREATER CLARITY INASSESSING RISK OF VICARIOUSLIABILITY AGAINST SCHOOLS ANDSCHOOL BOARDS By Caitlin Merritt, Dolden Calgary, Janis McAfee, Dolden Kelowna, and…
Cyber Risk: Current Landscape of Personal Information and Privacy Liability in Canada
CYBER RISK: CURRENT LANDSCAPE OF PERSONAL INFORMATION AND PRIVACY LIABILITY IN CANADA Jill M. Shore & Danielle Volpatti Rev. February 2024 170 Cyber Risk…
Newsletter – January 2024
BENDING THE RULES? BC COURT OFAPPEAL AFFIRMS LIABILITY FOR LEGAL,BUT DANGEROUS PLAYS By Thomas Boyd, Dolden Vancouver, andRobert Smith, Dolden Toronto The British Columbia…
Newsletter – December 2023
A Special Announcement – “Best Lawyers” Dolden is pleased to announce that Best Lawyers has recognized the following seven of our lawyers as top…
Dolden Class Action Newsletter – October 2023
The Overarching Defect of No Compensable Loss By Christopher Stribopoulos and Elka Dadmand, Dolden TorontoEmail: cstribopoulos@dolden.com and edadmand@dolden.com In KW v. Accor Management Canada…
Recent Insurance Law Developments Concerning Strata Corporations
STRATA CORPORATIONS AND PROPERTY INSURERS IN BRITISH COLUMBIA Ryan Dix, Angela Nelson, and James Dawson Rev. October 2023 STRATA CORPORATIONS AND PROPERTY INSURERS IN…
Dolden Municipal Law Newsletter – September 2023
Wait! It Might be How Long Until a Building Permit Claim is Statute Barred? Part 2 By Jordan Cutler, Dolden Toronto In my last…
Revised and Expanded: “Liquor and Cannabis Liability Law in Canada”
Dolden Wallace Folick LLP, in collaboration with Thomson Reuters, is excited to announce the publication of Liquor and Cannabis Liability Law in Canada, 2d…
Digital Signatures – July 18, 2023
“Thumbs Up”: Saskatchewan Court AdoptsExpansive Interpretation of what Constitutesa Digital Signature By Cecilia Hoover, Dolden Calgary, andCaitlin Merritt, Dolden Calgary The Court of King’s…
Dolden Wallace Folick LLP Rebranding Announcement
Newsletter – June 2023
A Special Announcement Dolden is pleased to announce that Mike Libby was recently appointed King’s Counsel (KC). Mike has been bestowed this honour in…
Dolden selected as NetDiligence-Authorized Breach Coach ®
Dolden is thrilled to announce that it has been selected as a NetDiligence-authorized Breach Coach®. This designation, a registered trademark of NetDiligence, recognizes Dolden…
Dolden Wallace Folick’s Class Action Newsletter – May 2023
Too Broad to Certify: The Risk of Generalization By Christopher Stribopoulos and Elka Dadmand, Dolden TorontoEmail: cstribopoulos@dolden.com and edadmand@dolden.com In Price v. H. Lundbeck,…
Non-Disclosure Agreements in Cases of Abuse, Discrimination or Harassment
NON-DISCLOSURE AGREEMENTS IN CASES OF ABUSE, DISCRIMATION, OR HARASSMENT Janis D. McAfee and Manjot K. Parhar April 2023 Table of Contents Introduction Criticisms Legislative…
Dolden Wallace Folick’s Class Action Newsletter – March 2023
Carcillo v. CHL: Ontario Judge Rules Certification to be Offside By Christine Galea and David Girard, Dolden Wallace Folick Toronto/CalgaryEmail: cgalea@dolden.com and dgirard@dolden.com In…
Newsletter – February 2023
“Municipal Law Special” This special edition of our newsletter focusses on common municipal law issues, which will be of interest for municipalities and their…
Dolden Wallace Folick’s Class Action Newsletter – December 2022
Intrusion Upon Seclusion: The Ontario Court of Appeal Affirms the ‘Hacked’ are not ‘Hackers’ By Christopher Stribopoulos, and Oneal Banerjee, Dolden Wallace Folick TorontoEmail:…
Newsletter – December 2022
Should You Throw That Evidence Out? By David Girard, Dolden Wallace Folick Calgary, Email: dgirard@dolden.com; and Dawson Horning, Dolden Wallace Folick Calgary, Email: dhorning@dolden.com…
Dolden Wallace Folick’s Class Action Newsletter – November 2022
The Preferable Procedure Criterion in Class Action Certification By Christopher Stribopoulos and Elka Dadmand, Dolden Wallace Folick TorontoEmail: cstribopoulos@dolden.com and edadmand@dolden.com In Curtis v.…
Newsletter – September 2022
“2022 Coverage Special” In the past several months there have been a number of important rulings dealing with common coverage issues, including three decisions…
A Practical Guide to Joint and Several Liability
A PRACTICAL GUIDE TO JOINT AND SEVERAL LIABILITY Eric A. Dolden and Tiffany M. Sillanpää September 2022 CONTACT LAWYER ERIC A. DOLDEN604.891.0350edolden@dolden.com TIFFANY M.…
Dolden Wallace Folick Successfully Defends a Personal Trainer – August 17, 2022
By Dolden Wallace Folick Toronto Our Toronto office was recently successful at a trial of a sports and recreation negligence claim. In the case…
Material Misrepresentations and Changes in Risk
MATERIAL MISREPRESENTATIONS AND CHANGES IN RISK: WHAT IS REQUIRED TO VOID AN INSURANCE POLICY Mike Libby and Riordan Bacha August 2022 I. INTRODUCTION In…
An Adjuster’s Guide to Legal Aspects of Occupiers’ Liability
LEGAL ASPECTS OF OCCUPIERS’ LIABILITY IN CANADA – AN ADJUSTER’S GUIDE Janis D. McAfee and Darren Glossop June 2004 (updated to August 2022) CONTACT…
Fatal Accident Claims in Canada
FATAL ACCIDENT CLAIMS AND DAMAGES IN CANADA Janis D. McAfee & Robert Smith June 2020 (updated to August 2022) CONTACT LAWYER Janis D. McAfeeTel:…
Newsletter – June 2022
No New Novel Duty of Care to Passing Pedestrians By Amelia Staunton, Dolden Wallace Folick Vancouver, Email: astaunton@dolden.com In Der v. Zhao, 2021 BCCA…
Dolden Wallace Folick’s Class Action Newsletter – May 2022
BC Court Permits Novel Public Nuisance Claim to be Maintained in Opioid Class Action By Dolden Wallace Folick Toronto British Columbia v Apotex Inc.…
The Measure of Tort Damages for a Building
THE MEASURE OF TORT DAMAGES FOR THE LOSS OF A BUILDING Alex L. Eged and Peter Cross July 2005 (updated April 2022) I. INTRODUCTION…
INFORMATION PROTECTION AND PRIVACY LEGISLATION IN CANADA
INFORMATION PROTECTION AND PRIVACY LEGISLATION IN CANADA Jill Shore April 2022 Contact Lawyer Jill Shore 604.891.0390 jshore@dolden.com The laws applicable to information protection and…
Coverage for a Named Insured or Additional Insured
DOES A COMMERCIAL GENERAL LIABILITY POLICY COVER A “NAMED INSURED” OR “ADDITIONAL INSURED” FOR PARTNERSHIP OR JOINT VENTURE ACTIVITIES? Eric A. Dolden April 2022…
Vicarious Liability for Sexual Abuse
AUTHORITY, INTIMACY, POWER AND THE MANIFESTATION OF RISK: VICARIOUS LIABILITY OF INSTITUTIONS FOR SEXUAL ABUSE Janis D. McAfee & Robert Smith March 2022 CONTACT…
Dolden Wallace Folick’s Textbook on Cyber Liability and Cyber Insurance
DOLDEN WALLACE FOLICK ISPROUD TO PRESENT…CYBER LIABILITY AND CYBERINSURANCE IN CANADA An essential resource whether you are in underwriting or claims, law or academia,…
Dolden Wallace Folick’s Class Action Newsletter – February 2022
Default Judgment and Class Action Certification in Hyp3r By Christopher Stribopoulos and Elka Dadmand, Dolden Wallace Folick Toronto, Email: cstribopoulos@dolden.com and edadmand@dolden.com Severs v.…
Wildfire Update: 2021, A Year in Review – January 25, 2022
WILDFIRE UPDATE: 2021, A YEAR IN REVIEW 2021 was yet another astonishing year for wildfires. In this article,we provide an update regarding government regulatory…
Newsletter – December 2021
I Didn’t Know That!!: The Supreme Court of Canada Confirms the Role of an Insurer’s Knowledge in Considering Whether Estoppel Should Defeat a Denial…
Dolden Wallace Folick Opens New Office in Southwestern Ontario – December 16, 2021
Dolden Wallace Folick LLP (Dolden) is delighted to announce that we are opening our 5th office in Guelph, Ontario on January 1, 2022. Dolden…
Dolden Wallace Folick’s Class Action Newsletter – October 2021
Ontario Court Certifies Business Interruption Class Actions against Aviva Canada By Janice Finney, Dolden Wallace Folick Toronto, Email: jfinney@dolden.com The Ontario Superior Court of…
Newsletter – September 2021
“2021 Coverage Special” In the past several months there have been a number of important Court of Appeal rulings from across the country dealing…
Contributory Negligence and Joint and Several Liability
CONTRIBUTORY NEGLIGENCE AND JOINT AND SEVERAL LIABILITY IN CANADA Michael Libby and Clark Reynolds September 2021 CONTACT LAWYER Michael Libby604.891.0358mlibby@dolden.com I. INTRODUCTION – THE…
Ontario Courts Limits Liability for Cyber Attack Victims – June 25, 2021
Ontario Court Limits Liability for Cyber Attack Victims: Failure to Protect Personal Information Does Not Attract Liability for Intrusion Upon Seclusion By Dolden Wallace…
Uncertain Grounds: COVID-19 Related Employment Practices Liability Claims Could Increase Significantly – June 11, 2021
UNCERTAIN GROUNDS: COVID-19 RELATED EPL CLAIMS COULD INCREASE SIGNIFICANTLY By Chris Stribopoulos Every Canadian province and territory has some form of employment legislation. This…
Application of BC No-Fault Auto Regime to Commercial Liquor Licensees – May 31, 2021
Commercial Hosts’ Liability Significantly Reduced Under BC’s New No-Fault Auto Insurance Regime By Lorne Folick, Dolden Wallace Folick Vancouver. Background The biggest overhaul of…
The SCC Takes on Snowbanks – May 28, 2021
A CANADIAN CLASSIC – THE SUPREME COURT OF CANADA TAKES ON SNOWBANKS By Lindsay E.W. Nilsson The Supreme Court of Canada Revisits the Dichotomy…
Newsletter – May 2021
Marijuana Exclusions, Legislative Amendments and Resin Extraction Explosions – Oh My! By Elie Goldberg, Dolden Wallace Folick Toronto, Email: egoldberg@dolden.com Lin v. Weng is…
Construction of “deliberate acts” exclusion clauses – May 13, 2021
Lorne Folick of our office recently discussed how courts in Canada and the UK interpret Deliberate act exclusions in an article co-authored with Alex…
Dolden Wallace Folick’s Class Action Newsletter – May 2021
“Do You Yahoo?”: The Status of Privacy Breach Class Actions in Canada By Chris Stribopoulos and Elka Dadmand, Dolden Wallace Folick Toronto,Emails: cstribopoulos@dolden.com and…
ICBC No-Fault Insurance Model Comes Into Effect – May 4, 2021
ICBC No-Fault Insurance Model Comes Into Effect By Amelia Staunton, and Manjot Parhar A Summary of ICBC’s Care-Based Insurance Model: New Benefits and Coverage…
COVID-19 UPDATE: Limitation Period Extensions – February 19, 2021
COVID-19 UPDATE: Limitation Period Extensions By Amelia Staunton During the first several weeks of the Covid-19 pandemic, provincial governments across Canada took action to…
Business Interruption Claims UnMasked – January 21, 2021
BUSINESS INTERRUPTION CLAIMS UNMASKED AN ANALYSIS OF THE UK SUPREME COURT DECISION IN THE COVID-19 CLAIMS TEST CASE AND ITS POTENTIAL IMPACT IN CANADA…
Dolden Wallace Folick’s Class Action Newsletter – January 2021
Recent Changes in Addressing Multi-Jurisdictional Class Actions in Canada By Chris Stribopoulos, Dolden Wallace Folick Toronto, Email: cstribopoulos@dolden.com Class actions against defendants brought in…
Associate Announcement – January 2021
Announcement: We are pleased to announce that over the last year, we were fortunate to add new lawyers across all offices. These lawyers bring…
Newsletter – December 2020
Winter slip and fall update: Since our Newsblast last month, Bill 118 received Royal Assent and has been enacted as Chapter 33 of the…
Newsletter – November 2020
Stricter notice requirements for winter slip and falls? The Occupiers’ Liability Amendment Act takes one step closer to becoming law By Robert Smith, Dolden…
Dolden Wallace Folick’s Class Action Newsletter – August 2020
Announcement: We are pleased to announce the launch of the Dolden Wallace Folick LLP Class Action Newsletter. This is the first of our quarterly…
Newsletter – July 2020
Deemed Undertaking Rule Applies ToVideo Evidence In Civil Action:Rule Not Lifted Our Toronto office was recently successful in opposing a motion for the production…
Kennedy’s Announcement and Press Release – July 2020
BIG NEWS:Dolden Wallace Folick LLPEnters into Strategic Association withKennedys Law Firm Dolden Wallace Folick LLP is excited to announce that we have entered into…
Cyber Liability and Cyber Insurance In Canada
Vancouver – Legal Assistant
Newsletter – April 2020
Announcement:We are pleased to announce that Eric Dolden, Lorne Folick, Steve Wallace,Brian Rhodes and Michael Libby were peer-reviewed and recognized byLexpert as some of…
COVID 19 – What Will Insurance Cover? – April 22, 2020
COVID–19:What Will Insurance Cover? By Steve Wallace and Paul Dawson April 22, 2020: Much has happened since we first issued this article on April…
COVID 19 – What Will Insurance Cover? – April 2, 2020
COVID–19:What Will Insurance Cover? By Steve Wallace and Paul Dawson Las Vegas bookmakers haven’t yet started taking bets on whether severe acute respiratory syndrome…
Newsletter – March 2020
Announcements For the second year in a row, we are pleased to announce that Dolden Wallace Folick LLP has been named one of the…
COVID 19 – Update: Business Continuity Plan – March 1, 2020
COVID-19 Update: Business Continuity Plan Dolden Wallace Folick LLP is committed to protecting the health and safety of every member of our team, their…
Newsletter – January 2020
Local governments throughout Canada are consistently exposed to new risks and creative claims aimed at targeting their perceived ‘deep pockets’. Local governments who develop…
Partner Announcement – January 2020
Announcement: We are pleased to announce the addition of two new partners in our Toronto office. These lawyers bring with them a wealth of…
Season’s Greetings! – December 2019
SEASON’S GREETINGS Eric Dolden – VancouverE-mail: edolden@dolden.com On behalf of our Dolden Wallace Folick family, I wish you and your family a Merry Christmas,…
Newsletter – December 2019
Certification in Latest Data Breach Class Action By Dolden Wallace Folick Toronto Class action lawsuits in the wake of widely publicized data breaches are…
Associate Announcement – September 2019
Announcement: The partners are very pleased to announce that Zoe Klassen has joined the firm’s Vancouver office; and Jakub Ksiazek has joined the firm’s…
Newsletter – September 2019
Implied Warranties in the Sale of Goods Act By Dolden Wallace Folick Toronto In Canada, provinces have codified warranties law through their respective Sale…
Newsletter – June 2019
Wildfire Claims in British Columbia By Steve Wallace, Dolden Wallace Folick Vancouver, Email: swallace@dolden.com and Dan Richardson, Dolden Wallace Folick Vancouver, Email: drichardson@dolden.com Wildfires…
Newsletter – May 2019
Clinical Notes: Critical Evidence in Misconduct Proceedings Against Medical Health Practitioners By Christine Galea, Dolden Wallace Folick Toronto, Email: cgalea@dolden.com In recent proceedings before…
Newsletter – April 30, 2019
The Caps are Coming: An Overview of the New Caps on Minor Injury Claims By Manjot Parhar, Dolden Wallace Folick Vancouver, Email: mparhar@dolden.com On…
Newsletter – April 12, 2019
British Columbia Limits Insurers’ Liability for First Party Costs in Coverage Litigation By Jonathan Weisman, Dolden Wallace Folick Vancouver, jweisman@dolden.com The British Columbia Court…
Newsletter – April 10, 2019
Subrogated Claims Involving Bankrupt Insureds: the Aftermath of Douglas et al. v. Stan Fergusson Fuels Ltd. By Christine Galea, Dolden Wallace Folick Toronto, Email:…
Newsletter – February 25, 2019
Social Host Liability in the post-Childs Era: the Case of Williams v. Richard By Dolden Wallace Folick Toronto In its seminal 2006 ruling in…
Newsletter – February 22, 2019
Ok, Now It Is a “Balance of Probabilities” Standard on Summary Judgment Applications: The Court of Appeal of Alberta’s Decision in Weir-Jones Technical Services…
Newsletter – February 20, 2019
“Sure, I put the dumbbell there, but it’s your fault I tripped on it”. No Duty to Warn of Obvious Risks; Hosseinkhani v. QK…
Season’s Greetings! – December 2018
SEASON’S GREETINGS Eric Dolden – VancouverE-mail: edolden@dolden.com From our family at Dolden Wallace Folick, I would like to wish you and your family a…
Newsletter – December 2018
Implications of Social Media in Personal Injury Lawsuits By Morgan Martin, Dolden Wallace Folick Toronto, Email: mmartin@dolden.com and Suneal Khemraj, Dolden Wallace Folick Toronto,…
Associate Announcement – December 2018
Announcement: The partners are very pleased to announce that Lindsay Nilsson has joined the firm’s Kelowna office and Elka Dadmand, and Manjot Parhar have…
Newsletter – October 16, 2018
Cannabis is Legal – Now What? By Dolden Wallace Folick Vancouver On October 17, 2018, recreational cannabis will be legal and available in Canada,…
Newsletter – October 11, 2018
Mandatory Appraisals in Property Loss Claims By Christine Galea, Dolden Wallace Folick Toronto, Email: cgalea@dolden.com When parties to a property loss claim cannot agree…
Newsletter – September 2018
Assault on the Pitch: The Role of Supervising Authorities By Christine Galea, Dolden Wallace Folick Toronto, Email: cgalea@dolden.com Sports are played across Canada and…
Newsletter – July 2018
Public Information Is Not Always Public By Dolden Wallace Folick Toronto On July 18, 2018, the Office of the Privacy Commissioner of Canada (“OPC”)…
Newsletter – June 2018
Insurer Can Commence Power of Sale Proceeding By Way of Subrogation on Behalf of Insured Mortgagee By Dolden Wallace Folick Toronto Brett Stephenson of…
Successful Defence of a Naturopathic Physician
Dolden Wallace Folick was recently successful on summary dismissal in obtaining a complete dismissal against a naturopathic physician. We relied on a limitations defence…
Partner Announcement
We are pleased to announce that effective January 1, 2018, Morgan Martin of Dolden Wallace Folick Toronto and Cecilia Hoover of Dolden Wallace Folick…
Associate Announcement – November 2017
We are pleased to announce that David Girard has joined our Calgary office as an associate. David’s insurance defence practice includes professional liability (civil…
Associate Announcement – October 2017
We are pleased to welcome new associate Christine Galea as the latest member of our team in our growing Toronto office. Christine Galea has…
Newsletter – Fall 2017
Our Fall newsletter is here! This edition includes a summary of the proposed PIPEDA Regulations, and an overview of the latest cases in occupier’s…
Associate Announcement – September 2017
The partners are very pleased to announce that Suneal Khemraj has joined the firm’s Toronto office. Suneal Khemraj, Dolden Wallace Folick TorontoTel: 647-798-0611 Email:…
Successful defence of a summary judgment motion
Dolden Wallace Folick’s Toronto office, was recently successful in the defence of a summary judgment motion seeking to nullify a client’s subrogated right to…
Successful Defence of a Human Rights Tribunal Action
Dolden Wallace Folick’s Toronto office was recently successful in having a Human Rights Tribunal action dismissed after a multi-day hearing.
Successful Defence of a Petition for Judicial Review
Dolden Wallace Folick’s Vancouver office was recently successful in defending a petition for judicial review of a decision of the BC Privacy Commission.
Medical Malpractice
MEDICAL MALPRACTICE Lorne Folick, Cecilia Hoover, Morgan Martin and Amelia Staunton I. INTRODUCTION Physicians and surgeons are not the only providers of medical services…
Annotated British Columbia Motor Vehicle Act
Liquor Liability
Sports and Recreation Liability
Supreme Court of Canada Expands the Scope of Injunctive Relief to Protect Canadian Intellectual Property Worldwide
Read our commentary here: Google v. Equustek
Associate Announcement – May 2017
The partners are very pleased to announce that Jonathan Weisman has joined the firm’s Vancouver office. Jonathan Weisman, Dolden Wallace Folick VancouverTel: 604-891-0360 Email:…
Dr. Who? Key Concern in Non-Physician Medical Malpractice in Canada
DR. WHO?KEY CONCERNS INNON-PHYSICIAN MEDICAL MALPRACTICE IN CANADA Prepared by Lorne Folick, Eric Girard, Morgan Martin and Catherine Whitehead I. INTRODUCTION Physicians and surgeons…
Associate Announcement – March 2017
Dolden Wallace Folick is pleased to welcome Chris Stribopoulos as an associate in our Toronto office. Educated in Toronto (B.A. 1987), Akron, Ohio (J.D.…
Successful in defence of professional liability complaint
Cecilia Hoover of our Calgary office was recently successful in defending Dr. Tracey Tannis against a College of Naturopaths of Alberta complaint in the…
Launch of new Textbook “Sports and Recreation Liability Law in Canada”
We are pleased to announce the publication of our new textbook “Sports and Recreation Liability Law in Canada” (by Lorne Folick, Mike Libby, and…
Successful enforcement of an electronic waiver
Cecilia Hoover of Dolden Wallace Folick’s Calgary office was recently successful in having an electronic waiver enforced to dismiss an action. Read the decision…
Partner Announcement
We are pleased to announce the addition of five new partners who have joined the partnership from our offices across the country. Vancouver: Amelia…
Successful summary dismissal of an action
Last month Dolden Wallace Folick Toronto’s Morgan Martin successfully obtained a complete summary dismissal of personal injury action brought against a commercial security company…
Successful defence in a professional liability trial
Dolden Wallace Folick’s Diana Dorey and Cody Mann successfully defended an orthodontist in a 3 ½ week jury trial in a professional negligence and…
Associate Announcement – December 2016
We are pleased to announce that Robert Smith has joined our office as an associate in our expanding Toronto office. Robert has practiced insurance…
Successful Defence Against A Negligence Claim
Dolden Wallace Folick’s Kelowna office, was recently successful in defending an irrigation contractor against a negligence claim in BC’s provincial court. Read the full…
Associate Announcement – September 2016
Cody Mann joined the firm’s Vancouver office in 2016 and his practice encompasses a broad range of insurance related matters. Cody was called to…
Insure Updates: August 2016
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Associate Announcement – July 2016
Brett Stephenson joins the firm on July 29, 2016. Brett has significant experience acting on behalf of numerous prominent domestic and international insurers. Brett…
Current Landscape of Personal Information and Privacy Liability in Canada
CURRENT LANDSCAPE OF PERSONAL INFORMATION AND PRIVACY LIABILITY IN CANADA Eric A. Dolden, Jill M. Shore, Paul C. Dawson and Sinziana M. Gutiu February…
Insure Updates: January 2016
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Associate Announcement – January 2016
Morgan Martin joins the firm on January 25th, 2016. Morgan has significant experience defending claims involving occupiers’ liability, municipal liability, professional negligence, hospitality liability…
Waivers – Managing Your Risk
WAIVERS: MANAGING YOUR RISK Steve D. Wallace & Matthew F. Bujar November 2015 CONTACT LAWYER Steve Wallace Matthew Bujar 604.891.0353 604.891.0376 swallace@dolden.com mbujar@dolden.com A.…
Insurance Journal: October 2015
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Dolden Wallace Folick Opens An Office in Calgary
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Practical and Substantive Aspects of Subrogation
Practical and Substantive Aspects of Subrogation Eric A. Dolden and Dan C. Richardson September 2015 Contact Lawyer Eric A. Dolden Dan Richardson 604.891.0350 604.891.5251…
The Application of the General Liability Policy Exclusions in the Construction Setting
THE APPLICATION OF THE GENERAL LIABILITY EXCLUSIONS IN THE CONSTRUCTION SETTING Eric A. Dolden and Andrew C. Breen August 2015 Contact Lawyer Eric Dolden…
The Role of Fortuity in Builders’ All Risk Policies
The Role of Fortuity in Builders’ All Risk Policies Eric A. Dolden and Paul C. Dawson August 2015 Contact Lawyer Eric Dolden Paul Dawson…
Professional Liability for Dentists in Canada
PROFESSIONAL LIABILITY FOR DENTISTS IN CANADA: MANAGING THE RISK Eric A. Dolden & Colleen O’Neill July 2015 Contact Lawyer Eric Dolden Colleen O’Neil 604.891.0350…
Insurance Journal: Cyber Insurers beware
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Insurance Journal: Defending the Island “whatever the cost may be”
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Legal Liability for Financial Advisors in Canada
LEGAL LIABILITY FOR FINANCIAL ADVISORS IN CANADA Eric A. Dolden & Tom S. Newnham June 2015 Contact Lawyer Eric Dolden Tom Newnham 604.891.0350 604.891.0384…
Extricating Yourself from Multi-Party Litigation and the Effectiveness of Contractual Releases
EXTRICATING YOURSELF FROM MULTI-PARTY LITIGATION AND THE EFFECTIVENESS OF CONTRACTUAL RELEASES Steven D. Wallace, Diana L. Dorey, and Scott N. Baldwin June 2015 Contact…
CIVIL LIABILITY OF COMMERCIAL PROVIDERS OF ALCOHOL
CIVIL LIABILITY OF COMMERCIAL PROVIDERS OF ALCOHOL Lorne P.S. Folick and Matthew F. Bujar May 2015 Contact Lawyer Lorne Folick Matthew Bujar 604.891.0352 604.891.0376…
Dolden Wallace Folick celebrates 20 years!
Over 150 industry guests attended the celebration of the firm’s 20th anniversary. We were pleased to entertain clients and friends, some of whom have…
THE CALCULATION OF DAMAGES FOR BODILY INJURY CLAIMS
THE CALCULATION OF DAMAGES FOR BODILY INJURY CLAIMS Diana L. Dorey & Brent L. Rentiers July 2014 Contact Lawyer Diana Dorey Brent Rentiers 604.891.0356…
EPL AND EPL INSURANCE COVERAGE IN CANADA
EMPLOYMENT PRACTICES LIABILITY AD EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE IN CANADA Eric A. Dolden, Shelley Armstrong & Amos Comeau June 2014 Contact Lawyer Eric…
Dolden Wallace Folick hosts over 180 insurance professionals for seminar on hot insurance topics
On May 7, 2014, Dolden Wallace Folick presented a live seminar on hot insurance topics, which covered topics including waivers, home warranty claims, privilege…
Home Warranty Claims and Coverage Under Builder’s CGL Policy
WHEN A HOME WARRANTY PROVIDER SUES ITS MEMBER-BUILDER, IS THE CLAIM COVERED BY THE BUILDER’S CGL POLICY? Brian D. Rhodes and Shelley M. Armstrong…
Case Comment: B.C. Court considers whether a casino owes a problem gambler a duty of care in Ross v. British Columbia Lottery (2014) BCSC 320
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Jill Shore successfully defends denial of coverage under CGL policy for cost to dispose of insured’s defective product
You can read the decision here.
Case Comment: B.C. Court of Appeal takes a step back and reconsiders the liability of a Pub in the case of Hansen v. Sulyma (2013) BCCA 349
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Articled Student, Dan Richardson, passes bar exams!
Dolden Wallace Folick’s articled student, Dan Richardson, passed the bar exams and rejoins the firm as a lawyer on December 19th, 2013!
Insurance Journal: Relevant, but producible? Adjuster’s files in the litigation process
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Michael J. Libby provided a Webinar presentation on Insurance Broker E & O Claims to Insurance Institute of B.C
On July 9th, Michael J. Libby provided a Webinar presentation on Insurance Broker E & O Claims to Insurance Institute of B.C. Members Province-Wide.
Insurance Journal: In Finnigan’s Wake: Transferring Fault Back to a Commercial Host for a Patron’s Poor Decisions
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Insurance Journal: Cyber Insurance – Who Needs It? (And What Do They Need, Anyway?)
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Insurance Journal: Defending Until the End – When Does the Duty to Defend End?
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Associate Announcement – April 2013
Matthew Miller has joined our Toronto office after practicing with one of Canada’s top insurance defence litigation boutiques, specializing in tort motor vehicle claims,…
Brian Rhodes and Michael Libby Present at the Insurance Institute of B.C. on Broker Liability
On March 13, 2013, Brian Rhodes and Michael Libby presented at the Insurance Institute of B.C. on the topic of broker liability. The presentation…
Old Library of Lloyds packed full of attendees
On March 5, 2013, Eric Dolden presented to the Lloyd’s Market Association at the Lloyd’s Old Library in London, England. The topic was Cyber…
Insurance Journal: Managing Your Risk Through Waivers, Social Media, and The Emergence of Cyber Liability
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Dolden Wallace Folick is proud to announce that we have once again been selected as one of Canada’s Top Insurance Defence Litigation Boutiques
Dolden Wallace Folick LLP is proud to announce that we have once again been selected as one of Canada’s Top Insurance Defence Litigation Boutiques.
Insurance Law Update: Director and Officer Liability
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Associate Announcement – October 2012
Shelley Armstrong joins the firm as an Associate after articling and practicing with a large national firm in Vancouver. Shelley enjoys a diverse insurance…
Sport Liability Law
SPORT LIABILITY LAW A GUIDE FOR AMATEUR SPORTS ORGANIZATIONS AND THEIR INSURERS September 2012 SPORT LIABILITY LAW A GUIDE FOR AMATEUR SPORTS ORGANIZATIONSAND THEIR…
Dolden Wallace Folick is pleased to announce the opening of a new office in Kelowna
Dolden Wallace Folick LLP is pleased to announce the opening of a new office in Kelowna, British Columbia as of August 13, 2012. Since…
Eric Dolden and Michael Libby presented to the Lloyd’s Market Association
On May 16, 2012, Eric Dolden and Michael Libby presented to the Lloyd’s Market Association at the Lloyd’s Old Library in London, England. The…
Insurance Law Update: When a Material Change in Risk is not “Material”: Aviva v. Thomas, 2011 NBCA 96
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Lorne Folick Presents as Guest Speaker at Joey’s Restaurant Annual Awards
Lorne Folick was the guest speaker at the Joey’s Restaurant Annual Awards. Lorne addressed the common liquor risks and risk management procedures for restaurants.
The Scope of Coverage Afforded to Additional Insureds in Canada
THE SCOPE OF COVERAGE AFFORDED TO ADDITIONAL INSUREDS IN CANADA April 2012 The Additional Insured Endorsement in Canada A. Introduction The past five years…
Lorne Folick and Paul Dawson Present as Guest Speakers for the BC/Yukon Legion Command Executive
Lorne Folick and Paul Dawson were the guest speakers for the BC/Yukon Legion Command Executive addressing liquor and governance related insurance issues.
Eric Dolden and Janis McAfee Present at the Lloyds Market Association
Eric Dolden and Janis McAfee presented at the Lloyds Market Association on Cyber Liability Law in Canada and Increasing Damage Awards in Canada The…
Case Comment Sidhu v Wawanesa
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Enforcing Mandatory Rehabilitation Clauses
ENFORCING MANDATORY REHABILITATION CLAUSES PAPER FOR 4TH ANNUAL DISABILITY CLAIMS MANAGEMENT AND LITIGATION CONFERENCE Janis D. McAfee and Seth J. Wheeldon October 28, 2011…
Insurance Law Update: Commercial Hosts’ Use of Identification-Capturing Technology Creates Privacy Issues
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Insurance Law Update: Supreme Court of Nova Scotia considers liability of casino operator for gambling addiction
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Canadian Lawyer Magazine Recognizes Dolden Wallace Folick as one of the top five Insurance Boutique law firms in Canada
Dolden Wallace Folick LLP is proud to announce that it has been recognized in the April 2011 edition of Canadian Lawyer Magazine as one…
Dolden Wallace Folick Hot Insurance Topics Seminars were a huge success
Dolden Wallace Folick Seminars were a huge success with over 225 insurance professionals attending the “live” Hot Insurance Topics & Cool Cocktails seminar on February…
Indivisible Injuries
INDIVISIBLE INJURIES Amelia J. Staunton February 2011 Contact Lawyer Amelia Staunton 604.891.0359 astaunton@dolden.com Introduction What happens when a Plaintiff, recovering from injuries sustained as…
Insurance Law Update: Lorne Folick to Speak at LSI Wine Law Seminar
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Dolden Wallace Folick Textbook “Liquor and Host Liability Law in Canada” Receives Praise from Industry Leader
In December 2010, Dolden Wallace Folick LLP was pleased to announce the publication of “Liquor and Host Liability Law in Canada” authored by Lorne…
Liquor Liability
LIQUOR LIABILITY – WHAT YOU NEED TO KNOW TO PROTECT YOUR ESTABLISHMENT Lorne P.S. Folick January 2011 Contact Lawyer Lorne Folick 604.891.0352 lfolick@dolden.com WHY…
New Book: Liquor and Host Liability Law in Canada
Dolden Wallace Folick LLP is pleased to announce the release of Liquor and Host Liability Law in Canada, written by Lorne Folick, Michael Libby,…
Insurance Law Update: New Book from Dolden Wallace Folick: Liquor and Host Liability Law in Canada
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Directors and Officers Liability Insurance – the Basics
DIRECTORS AND OFFICERS LIABILITY INSURANCE – THE BASICS Angela R. Nelson September 2010 DIRECTORS AND OFFICERS LIABILITY INSURANCE – THE BASICS I. INTRODUCTION: Individuals…
Insurance Law Update: Alberta Court of Appeal Narrows Exclusion under All Risk Policy for Loss Caused by Building Settlement
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Latest Decision on Health Care Costs Recovery Act: Court Restricts Limits Scope of Act
New Decision on Health Care Costs Recovery Act: Gosselin v. Shepherd, 2010 BCSC 755 The British Columbia Supreme Court released a significant decision last…
Insurance Law Update: Parenting as an Intervening Cause? Hussack v. Chilliwack School District No. 33, 2009 BCSC 852
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Women In Insurance Cancer Crusade Golf Tournament
Dolden Wallace Folick LLP will be participating in the 6th annual Women in Insurance Cancer Crusade golf tournament, to be held at the Westwood…
Defining the Scope of the Duty to Defend “Additional Insureds” – Liu v. Chu, 2009 BCSC 753
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New Civil Rules Coming to British Columbia
New Civil and Family Rules Come into Effect, July 1, 2010. The Provincial Government has passed wide-ranging revisions to the Rules of Court used…
Dolden Wallace Folick Sponsors Art Project in Courthouse
Dolden Wallace Folick LLP is proud to support young artists by sponsoring the Art in the Court project, an initiative of the Justice Education Society…
Health Care Costs Recovery Act Comes into Force
British Columbia’s new Health Care Costs Recovery Act, S.B.C. 2008, c. 27, comes into force today. The statute gives the Provincial Government a variety…
British Columbia Risk Insurance Managers Association Lunch Presentation
BCRIMA Luncheon Eric Dolden spoke at the British Columbia Risk Insurance Managers Association luncheon in Vancouver on Wednesday, February 18, 2009, on the topic…
Watching the Watchers Fiduciary Liability and Private Pension Plans
“WATCHING THE WATERS” FIDUCIARY LIABILITY AND PRIVATE PENSION PLANS Eric A. Dolden and Lisa Ridgway January 2009 Contact Lawyer Eric Dolden 604.891.0350 edolden@dolden.com I.…
Insurance Law Update: Faulty Design Exclusion in Builders All Risk Policy does not apply where design is “State of the Art”: CNR v. Royal and Sun Alliance, 2008 SCC 66
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Insurance Law Update: Contract Governs Allocation of Cost Relating to “Mixed” Claims in CGL Policy: Hanis v. Teevan, 2008 ONCA 687
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New Alberta and British Columbia Insurance Acts
THE NEW ALBERTA AND BRITISH COLUMBIA INSURANCE ACTS: LEGISLATIVE REFORM FOR THE 21ST CENTURY November 2008 I. INTRODUCTION A. GENERAL OVERVIEW Following decades in…
Insurance Law Update: British Columbia Move to Recover Health Care Costs in Personal Injury Litigation
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Insurance Law Update: Rule 37B and the Uncertain Future of Formal Offers to Settle
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An Overview of Primary and Excess Coverage Issues for Claims Handlers and Claims Counsel
AN OVERVIEW OF PRIMARY AND EXCESS COVERAGE ISSUES FOR CLAIMS HANDLERS AND CLAIMS COUNSEL Eric A. Dolden & Lisa Ridgway September 2008 CONTACT LAWYER…
Insurance Law Update: Supreme Court Affirms Foreseeability Principle: Mustapha v. Culligan of Canada Ltd., 2008 SCC 27
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Small Claims Court Jurisdiction
SMALL CLAIMS COURT: TAKING ADVANTAGE OF THE AVAILABLE PROCEDURAL REMEDIES Kathleen E. Lafontaine August 2005(Updated April 2008) I. INTRODUCTION The purpose of the Small…
Social Justice and Why ADR is Preferable on the Majority of Files
SOCIAL JUSTICE, AND WHY ADR IS PREFERABLE ON THE MAJORITY OF FILES Brian D. Rhodes April 2008 CONTACT LAWYER Brian Rhodes 604.891.0363 brhodes@dolden.com CURRENT…
Insurance Law Update: Adjusters are Agents of the Insured in Retaining Remediation Contractors
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Insurance Law Update: BC Supreme Court Provides Further Direction on Voiding a Policy for Non-Disclosure
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Insurance Law Update: “Anti-Subrogation Rule” Reaffirmed
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Insurance Law Update: The Supreme Court of Canada Rules on Liability Coverage for Loss “Arising Directly or Indirectly from the use or Operation of a Motor Vehicle”
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Insurance Law Update: Winds of Change are Blowing for Supreme Court Proceedings in British Columbia
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Insurance Law Update: Commencing a New Action After an Application to Add a Defendant to Existing Litigation is Denied
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Entity Coverage For Securities Claims Under A D & O Policy
ENTITY COVERAGE FOR SECURITIES CLAIMS UNDER A D&O POLICY: HAVE WE COME FULL CIRCLE? Eric A. Dolden September 2007 CONTACT LAWYER Eric Dolden 604.891.0350…
Insurance Law Update: B.C. “Caps” Vehicle Lessors’ Vicarious Liability Exposure
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Insurance Law Update: British Columbia now Requires Disclosure of Insurance Policies
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Insurance Law Update: “Faulty or Improper Design” Exclusion in Builders All Risk Policy
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Determining Coverage under a Liability Policy
DETERMINING COVERAGE UNDER A LIABILITY POLICY June 2007 DETERMINING COVERAGE UNDER A LIABILITY POLICY Over the past decade, the Supreme Court of Canada has…
The Bad Faith Doctrine as Applied to First Party and Third Party Claims
THE “BAD FAITH” DOCTRINE AS APPLIED TO FIRST PARTY AND THIRD PARTY CLAIMS Lorne P.S. Folick & Michael J. Libby June 2007 CONTACT LAWYER…
Contributory Negligence
CONTRIBUTORY NEGLIGENCE Michael J. Libby June 2007 CONTACT LAWYER Michael Libby 604.891.0358 mlibby@dolden.com INTRODUCTION – THE NATURE OF CONTRIBUTORY NEGLIGENCE Even though a plaintiff…
Insurance Law Update: BC Courts Apply Swagger
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Insurance Law Update: Eliminating a “Leaky Building Case” in British Columbia: Six Year Contractual Limitation Periods Can Work
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Insurance Law Update: Forum Shopping on Coverage Issues South of the 49th Parallel
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Canadian Securities Class Actions
CANADIAN SECURITIES CLASS ACTIONS: THE CHALLENGES FOR D&O INSURERS April 2007 CANADIAN SECURITIES CLASS ACTIONS:THE CHALLENGES FOR D&O INSURERS I. INTRODUCTION Directors and officers…
Insurance Law Update: Supreme Court of Canada Confirms the “But For” Test for Causation
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Insurance Law Update: Concurrent Cause – Derksen Revisited
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Insurance Law Update: Recent Ontario Court of Appeal Case in Keays v. Honda Canada Inc. Has Big Implications for Employment Practices Liability Insurers
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The New IBC Commercial General Liability Policy
THE NEW IBC COMMERCIAL GENERAL LIABILITY POLICY: BIG CHANGES FOR THE NEW MILLENIUM December 2006 INTRODUCTION: THE NEW IBC CGL FORM The insurance industry…
Insurance Law Update: “First Past the Post” Allocation of Policy Limits Affirmed for Non-Automobile Claims in British Columbia
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Insurance Law Update: Solicitor-Client Privilege and Litigation Privilege – What is Exempt from Disclosure, and for How Long?
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Insurance Law Update: Fortuity or Susceptibility – the British Columbia Court of Appeal Confirms that an Insurer is not Liable to Indemnify Under an All Risks Policy for Damage Resulting from an Inherent Nature or Suscepti
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Developments in the Law of Professional Liability
DEVELOPMENTS IN THE LAW OF PROFESSIONAL LIABILITY Seema S. Kanji September 2006 DEVELOPMENTS IN THE LAW OF PROFESSIONAL LIABILITY This paper will cover recent…
Insurance Law Update: The S.C.C. Rules that an Insurer is Under no Duty to Defend Pursuant to a Claims-made Policy Where a Potential Claim is Discovered but no Claim is Actually Asserted During the Policy Period
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Insurance Law Update: The S.C.C. Rules that Damages for Mental Distress for Breach of Contract are recoverable in some circumstances
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Insurance Law Update: The S.C.C. Rules that there is no General Duty of Care Owed by Social Hosts to Third Parties for the Acts of Intoxicated Guests
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Loss Prevention in the Retail Setting
LOSS PREVENTION IN THE RETAIL SETTING – OCCUPIERS LIABILITY AND WRONGFUL IMPRISONMENT LAW IN BRITISH COLUMBIA June 2006 I. INTRODUCTION Across Canada owners and…
Typical Issues in Errors and Omissions Claims
TYPICAL ISSUES IN ERRORS AND OMISSION CLAIMS June 2006 TYPICAL ISSUES IN ERRORS AND OMISSIONS CLAIMS I. Introduction: When a claim for coverage under…
‘Claims Made’ and ‘Claims Made and Reported’ Policies in Canada
“CLAIMS MADE” AND “CLAIMS MADE AND REPORTED” POLICIES IN CANADA June 2006 A. INTRODUCTION This paper will discuss various coverage implications arising in the…
Insurance Law Update: Is Swagger Construction Still Good Law? A Discussion of the Impact of the Ontario C.A. Decision in Bridgewood Building Corp.
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Insurance Law Update: Interpreting the All-Risk Policy in First Party Claims For Damage to Buildings
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Insurance Law Update: Can a Defendant Avoid Costs in Supreme Court Actions when Damages are Within New Provincial Court Limits?
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Insurance Law Update: Municipal liability: Can a municipality avoid a duty of care by requiring professional certification of construction projects?
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Insurance Law Update: Is the “Last Chance” Doctrine Really Dead? BC Court of Appeal Considers
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Insurance Law Update: CGL Policies may be Required to Provide Coverage for Liability Imposed by New Home Warranty Legislation
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Insurance Law Update: SCC Strengthens Test for Confirmation of a Cause of Action
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Insurance Law Update: General liability insurers in British Columbia do not have to defend on “leaky building lawsuits” if the insured is a general contractor: The Shifting Judicial Tide
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Insurance Law Update: Auto policy insurers may be called upon to indemnify plaintiffs in cases that appear to be unrelated to motor vehicle accidents
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Gazing into the Crystal Ball
GAZING INTO THE CRYSTAL BALL: AWARDS FOR LOSS OF FUTURE INCOME AND LOSS OF EARNING CAPACITY Eric A. Dolden September 2005 CONTACT LAWYER Eric…
Insurance Law Update: Caution to Primary Risk Insurers in Cases Where an Excess Insurer may be at Risk
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Insurance Law Update: Attention Property Insurers
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Insurance Law Update: Privacy Issues and the Perils of Marijuana Grow Operations
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Insurance Law Update: Reducing Legal Costs
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Insurance Law Update: Recent Commercial Liquor Liability Decisions
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Environmental Liability
ENVIRONMENTAL LIABILITY: ARE YOU INSURED? PART 1 – THE CGL POLICY Jonty T. Bogardus February 2005 ENVIRONMENTAL LIABILITY: ARE YOU INSURED? PART I –…
Concurrent Causes of a Loss
CONCURRENT CAUSES OF A LOSS: ONE PERIL COVERED, ONE PERIL EXCLUDED – DOES THE INSURED HAVE COVERAGE? AN ANALYSIS OF THE DERKSEN DECISION Steven…
The Expansion of Derivative Claims Since Scalera
THE EXPANSION OF “DERIVATIVE” CLAIMS SINCE SCALERA Alex L. Eged February 2005 A. INTRODUCTION Five years ago, in Non-Marine Underwriters, Lloyd’s of London v.…
The Advertising Injury Endorsement in the CGL Responds to “Business Tort” Actions
THE ADVERTISING INJURY ENDORSEMENT IN THE CGL RESPONDS TO “BUSINESS TORT” ACTIONS June 2004 THE ADVERTISING INJURY ENDORSEMENT IN THECGL RESPONDS TO “BUSINESS TORT”…
Emerging Trends in Canadian Directors and Officers Liability – Coverage and Substantive
EMERGING TRENDS IN CANADIAN DIRECTORS AND OFFICERS LIABILITY Eric A. Dolden October 2003 CONTACT LAWYER Eric Dolden 604.891.0350 edolden@dolden.com EMERGING TRENDS IN CANADIAN DIRECTORS/OFFICER…
Limitation Periods for First Party Property Losses
LIMITATION PERIODS FOR FIRST PARTY PROPERTY LOSSES October 2003 LIMITATION PERIODS FOR FIRST PARTY PROPERTY LOSSES AND HOW TO GET TIME RUNNING FROM THE…
The Obligations of Ship Masters and Seaplane Pilots
THE LEGAL OBLIGATIONS OF SHIP MASTERS AND SEAPLANE PILOTS Angela R. Nelson February 2003 LEGAL OBLIGATIONS OF SHIP MASTERS AND SEAPLANE PILOTS I. INTRODUCTION…
Insuring E-Commerce Exposures
INSURING COMMERCE EXPOSURES: OLD POLICIES FOR NEW RISKS AND NEW POLICIES FOR NEW RISKS R. Scott Brearley January 2003 INSURING E-COMMERCE EXPOSURES: OLD POLICIES…
Mould – First Party Property and Third Party Liability Issues Facing Canadian Insurers
MOULD: FIRST PARTY PROPERTY AND THIRD PARTY LIABILITY ISSUES FACING CANADIAN INSURERS Eric A. Dolden January 2003 CONTACT LAWYER Eric Dolden 604.891.0350 edolden@dolden.com MOULD:…
Coverage Driven Solutions in Multi-Party Litigation
COVERAGE – DRIVEN SOLUTIONS IN MULTI-PARTY LITIGATION Ronald A. Hatch January 2003 COVERAGE-DRIVEN SOLUTIONS IN MULTI-PARTY LITIGATION A. INTRODUCTION Given the vast number of…
The Interaction of ‘Other Insurance’ Clauses in General Liability Policies
THE INTERACTION OF “OTHER INSURANCE” CLAUSES IN GENERAL LIABILITY POLICIES G. Darren Williams October 2002 I. INTRODUCTION: The intersection of a wrap-up liability and…
Damages for Sexual Abuse Claims and Other Recent Developments
DAMAGES FOR SEXUAL ABUSE CLAIMS AND OTHER RECENT DEVELOPMENTS Barbara J. Murray September 2002 TRENDS IN DAMAGE AWARDS IN SEXUAL ABUSE CASES, CLAIMS FOR…
Risk Management Strategies for Preventing Sexual Abuse Claims
RISK MANAGEMENT STRATEGIES FOR PREVENTING SEXUAL ABUSE CLAIMS Barbara J. Murray May 2002 RISK MANAGEMENT STRATEGIESFOR PREVENTING SEXUAL ABUSE CLAIMS The purpose of this…
The Potential Convergence of the D&O Policy
THE POTENTIAL CONVERGENCE OF THE D&O POLICY AND THE GENERAL LIABILITY POLICY TO CONCURRENTLY COVER PROPERTY DAMAGE R. Scott Brearley May 2002 THE POTENTIAL…
The Insurer’s Remedies on First Party Property Losses
THE INSURER’S REMEDIES ON FIRST PARTY PROPERTY LOSSES: MISREPRESENTATION, WARRANTIES, AND MISSING TERMS November 2001 THE INSURER’S REMEDIES ON FIRST PARTY PROPERTY LOSSES: MISREPRESENTATION,…
Handling “Cross-Border” D&O and EPL Claims
HANDLING “CROSS-BORDER” D&O AND E.P.L. CLAIMS INVOLVING CANADA AND THE UNITED STATES Eric A. Dolden and Susan Rutherford July 2001 (Updated 2014) CONTACT LAWYER…
