Archives

April 29, 2012 – In a decision of April 5, 2012 of Regional Senior Justice Hackland, Mitch Kitagawa successfully argued that when a cancellation of a policy for non-payment of premium is deemed to have been given, the 30 days notice period also commences.  In this case, the insurer was found to have provided the proper notice and the...

April 28, 2012 – The certification application in a proposed class action against four travel companies alleging they negligently sold the Plaintiffs vacations to resorts in Cuba during a drought was dismissed because the pleadings failed to disclose a cause of action in negligence or negligent misrepresentation, failed to establish an identifiable class, failed to raise sufficient common issues...

April 27, 2012 – Mitch Kitagawa successfully brought a summary judgment motion on behalf of an insurer to dismiss an action brought by Chrysler Financial Services seeking coverage under a motor vehicle policy.  Chrysler was the lessor of a vehicle owned by the insured.  The insured stated on the application that he owned the vehicle.  When the policy was cancelled...

April 14, 2012 – Overview The B.C. Health Care Costs Recovery Act was passed on May 29, 2008 and came into force on April 1, 2009.  The Act effectively creates two new actionable heads of damage for victims of others’ negligence: the past and future costs of health care services that are ordinarily paid by the provincial government.  Further,...