I. INSURANCE ISSUES
A. In bad faith cases, the insurer may have to disclose internal reference material, even if the material had not been consulted as it could be relevant and material to determining whether or not the insurer dealt with the insured's claim properly
Alexander v. Sun Life Assurance Company of Canada, 2016 ABQB 445, per Manderscheid J.
B. Stanley Cup rioters were not held jointly and severally responsible for all the damage caused to vehicles insured by ICBC during the riot. Individually, some Defendants were found jointly liable for the full damage to vehicles they were actively involved in destroying
Insurance Corp. of British Columbia v. Alexander, 2016 BCSC 1108, per Myers J. [4201]
II. LIABILITY ISSUE
A. A claim against police for failing to prevent a driver observed to be impaired and driving dangerously from continuing to drive by motorists killed in a subsequent accident caused by that driver was allowed to proceed as the police potentially owed a duty of care to the plaintiffs
Canada (A.G.) v. Walsh, 2016 NSCA 60, per Bryson J.A. [4197]
B. During a high-school field trip, a student engaged in horseplay in a public plaza and was seriously injured when the lamppost he was climbing tipped over. The government, which owned the plaza, had negligently failed to maintain the lamppost. The chaperones were not at fault because they provided adequate supervision
Mackey v. British Columbia, 2016 BCSC 1333, per Macintosh J. [4200]
C. Municipality breached its duty of care to Mr. Campbell by failing to provide adequate warnings of the danger and risks involved in using its mountain bike adventure park
Campbell v. Bruce (County), 2016 ONCA 371 [4202]
III. PRACTICE ISSUES
A. A driver's statements to police after an accident are only protected from being used against him/her under the Traffic Safety Act if the statement was given under the belief that he/she was legally required to provide them to police
R. v. Deighan, 2016 ONCJ 453, per Ray, J. [4196]
B. Where electronic records already produced are not efficiently usable, and the native format provides relevant and material metadata not included in the TIFF format provided, disclosure of the native files can be ordered where the expense, delay, danger or difficulty in producing said records is not grossly disproportionate to the likely benefit
Bard v. Canadian Natural Resources, 2016 ABQB 267, per Nixon, J. [4198]
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
