Archives

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,...

March 14, 2012 – In the 2003 decisions of KP Pacific Holdings Ltd. V. Guardian Insurance Co. of Canada, [2003] S.C.J. No. 24 and Churchland. Gore Mutual Insurance Co., [2003] S.C.J. No. 25, the Supreme Court of Canada called for legislative changes to the existing insurance scheme that would address the outdated insurance contract classification system imposed by provincial...

January 29, 2012 – The Court granted the interlocutory injunction in respect to breach of fiduciary duties so as to prevent the respondent from soliciting or aiding in the solicitation of the applicant’s clients and soliciting the applicant’s employees until the disposition of the action. The Court was satisfied that the applicant had established a strong prima facie case...