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January 19, 2017 – Every day, experts prepare reports for lawyers so that they can be qualified to give expert opinion evidence at trial.  Almost all these experts are insured under errors and omissions policies.  Many of these experts are indirectly retained by insurance companies.  Most of the experts never give evidence at trial.  But their reports are relied...

December 12, 2016 – The British Columbia Court of Appeal has now set the record straight about pre-tender defence costs:  If a policy expressly states that an insured must not incur expenses without the insurer’s consent, then the insured will not be entitled to reimbursement for any expenses that were incurred on its behalf prior to notifying the insurer...

September 16, 2016 – State Farm Mutual Automobile Insurance Company v Aslan et al., 2016 ONSC 2725 In this case, State Farm sought an order to compel each respondent to attend an examination under oath (examination) pursuant to section 33 of the Statutory Accident Benefits Schedule – O. Reg 34/10 (Schedule). At issue was whether State Farm had provided...

June 17, 2016 – The legal tests for liability in the sports world have evolved. The new, less-predictable standards may mean increased risks for the associations which govern. So what has changed, and what can organizations do to protect themselves? Read more