The COVID-19 pandemic does not necessarily constitute “extenuating circumstances” under the Residential Tenancy Act

27. September 2022 0
Administrative law – Decisions reviewed – Residential Tenancy office – Judicial review – Delay – Standard of review – Patent unreasonableness Mawani v. Dobbs, [2022] B.C.J. No. 1388, 2022 BCSC 1285, British Columbia Supreme Court, July 29, 2022, B.J. Norell J. The petitioners, Nawaz and Shelina Mawani, sought judicial review pursuant to the Judicial Review ...

Independent claims for Charter relief cannot be brought by petition

27. September 2022 0
Administrative law – Decisions reviewed – Municipal councils – Judicial review – Remedies – Charter relief Redeemed Christian Church of God v. New Westminster (City), [2022] B.C.J. No. 1136, 2022 BCCA 224, British Columbia Court of Appeal, June 24, 2022, L.A. Fenlon, J.C. Grauer and P.G. Voith JJ.A. In the Court below, the chambers judge ...

The Supreme Court of Canada established a new category of cases to which the correctness standard of review applies

27. September 2022 0
Administrative law – Decisions reviewed – Copyright Board – Judicial review – Statutory powers – Legislative compliance – Jurisdictional questions – Standard of review – Correctness Society of Composers, Authors and Music Publishers of Canada v. Entertainment Software Assn., [2022] S.C.J. No. 30, 2022 SCC 30, Supreme Court of Canada, July 15, 2022, R. Wagner ...

O what a tangled web…

13. September 2022 0
Insurance law – Liability law – Product liability – Property damage – Umbrella policies – Series of related occurrences – Definition – Commercial general liability insurance – Exclusions Dana Canada Corp. v. XL Specialty Insurance Co., [2022] O.J. No. 3281, 2022 ONSC 4214, Ontario Superior Court of Justice, July 18, 2022, J.T. Akbarali J. Dana ...

Alberta Court of Appeal finds that the words “the Mortgagee” in standard mortgage clause in homeowner’s policy, while ambiguous, do not mean the actual mortgagee in circumstances where the insurer was misled about the actual lender and had no knowledge of same

13. September 2022 0
Insurance law – Homeowner’s insurance – Material misrepresentations – void Ab Initio – Mortgages – Standard mortgage clause – Practice – Appeals Builders Capital (2014) Ltd. v. Aviva Insurance Co. of Canada, [2022] A.J. No. 437, 2022 ABCA 120, Alberta Court of Appeal, April 1, 2022, B.L. Veldhuis, E.A. Hughes and A. Kirker JJ.A. Thttps://canlii.ca/t/jr96qhe ...

Coverage dried up for desiccant supplier

09. August 2022 0
Insurance law – Liability insurance – Wrap up policies – Interpretation of policy – Construction development – Duties and liabilities of insured – Practice – Summary judgments Strata Plan BCS 3206 v. KBK No. 11 Ventures Ltd., [2022] B.C.J. No. 821, 2022 BCSC 766, British Columbia Supreme Court, May 10, 2022, M.B. Blok J. Honeywell ...

Policy exclusion for intentional or criminal act applies even when insured found not criminally responsible for aggravated assault

09. August 2022 0
Insurance law – Homeowner’s insurance – Duty to defend – Exclusions – Intentional acts – Duties and liabilities of insurer Butterfield v. Intact Insurance Co., [2022] O.J. No. 3143, 2022 ONSC 4060, Ontario Superior Court of Justice, July 13, 2022, C.D. Braid J. The insured stabbed a store owner but was found not criminally responsible ...

Petition for judicial review struck as improper attack on administrative proceedings

02. August 2022 0
Administrative law – Decisions reviewed – Real Estate Council – Judicial review – Procedural requirements and fairness – Jurisdiction – Standard of review – Patent unreasonableness – Real estate agents – Disciplinary proceedings – Hearings – Hearing de novo Deng v. Real Estate Council of British Columbia, [2022] B.C.J. No. 927, 2022 BCSC 879, British ...

Know your limits – review board cannot dictate process to College

02. August 2022 0
Administrative law – Decisions reviewed – Health Professions Review Board – Judicial review – Standard of review – Patent unreasonableness – Dentists – Investigations College of Dental Surgeons of British Columbia v. British Columbia (Health Professions Review Board), [2022] B.C.J. No. 1011, 2022 BCSC 941, British Columbia Supreme Court, June 7, 2022, S. Wilkinson J. ...

Two options to calculate compensation in lieu of reinstatement after unjust dismissal

02. August 2022 0
Administrative law – Decisions reviewed – Labour and employment boards – Compensation – Judicial review – Appeals – Procedural requirements and fairness – Costs – Standard of review – Reasonableness – Correctness – Employment – Remuneration Hussey v. Bell Mobility Inc., [2022] F.C.J. No. 790, 2022 FCA 95, Federal Court of Appeal, May 31, 2022, ...