Bolen v. Insurance Corp. of British Columbia, [2006] B.C.T.C. Uned. D73

JurisdictionBritish Columbia
JudgeFisher, J.
CourtSupreme Court of British Columbia (Canada)
Subject MatterINSURANCE
Citation[2006] B.C.T.C. Uned. D73,2006 BCSC 1749
Date27 November 2006
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7 practice notes
  • Nagy v. BCAA Insurance Corporation, 2019 BCSC 930
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 11 d2 Junho d2 2019
    ...onus of proving any positive defences to the Civil Claim, including fraud: Bevacqua v. I.C.B.C, 1999 BCCA 553 at para. 24; Bolen v. ICBC, 2006 BCSC 1749 at para. 17. The standard of proof remains the civil standard of a balance of probabilities. However, in cases where fraud is alleged, a h......
  • Lau v. Insurance Corp. of British Columbia, [2012] B.C.T.C. Uned. 1226 (SC)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 16 d4 Agosto d4 2012
    ...with respect to the claim, (2) the false statement was made wilfully, and (3) the wilfully false statement was material: Bolen v. ICBC , 2006 BCSC 1749, at para. 63 [ Bolen ]. [69] ICBC's pleading with respect to s. 75(c) is deficient, as it refers only to a "false statement to the defendan......
  • Lexis Holdings Int'l Ltd. et al. v. Insurance Corp. of British Columbia, [2009] B.C.T.C. Uned. 344 (SC)
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • 13 d5 Março d5 2009
    ...to have this aspect of the contract changed at some later date should the principal operator of the vehicle change ( Bolen v. ICBC , 2006 BCSC 1749 at ¶44-45). That it is clear in hindsight that Mr. Teap was the principal operator of the BMW is hence not determinative of the issue. Rather, ......
  • Sherrell v. Insurance Corporation of British Columbia, 2019 BCSC 103
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 29 d2 Janeiro d2 2019
    ...to void the Policy, the parties agree that it has the burden of proof on both issues on the balance of probabilities: Bolen v. ICBC, 2006 BCSC 1749 at para. 17; Hamman v. Insurance Corporation of British Columbia, 2017 BCSC 831 at Did the Plaintiff Permit Vik to Operate the Vehicle? [4......
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7 cases
  • Nagy v. BCAA Insurance Corporation, 2019 BCSC 930
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 11 d2 Junho d2 2019
    ...onus of proving any positive defences to the Civil Claim, including fraud: Bevacqua v. I.C.B.C, 1999 BCCA 553 at para. 24; Bolen v. ICBC, 2006 BCSC 1749 at para. 17. The standard of proof remains the civil standard of a balance of probabilities. However, in cases where fraud is alleged, a h......
  • Lau v. Insurance Corp. of British Columbia, [2012] B.C.T.C. Uned. 1226 (SC)
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 16 d4 Agosto d4 2012
    ...with respect to the claim, (2) the false statement was made wilfully, and (3) the wilfully false statement was material: Bolen v. ICBC , 2006 BCSC 1749, at para. 63 [ Bolen ]. [69] ICBC's pleading with respect to s. 75(c) is deficient, as it refers only to a "false statement to the defendan......
  • Lexis Holdings Int'l Ltd. et al. v. Insurance Corp. of British Columbia, [2009] B.C.T.C. Uned. 344 (SC)
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • 13 d5 Março d5 2009
    ...to have this aspect of the contract changed at some later date should the principal operator of the vehicle change ( Bolen v. ICBC , 2006 BCSC 1749 at ¶44-45). That it is clear in hindsight that Mr. Teap was the principal operator of the BMW is hence not determinative of the issue. Rather, ......
  • Sherrell v. Insurance Corporation of British Columbia, 2019 BCSC 103
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 29 d2 Janeiro d2 2019
    ...to void the Policy, the parties agree that it has the burden of proof on both issues on the balance of probabilities: Bolen v. ICBC, 2006 BCSC 1749 at para. 17; Hamman v. Insurance Corporation of British Columbia, 2017 BCSC 831 at Did the Plaintiff Permit Vik to Operate the Vehicle? [4......
  • Request a trial to view additional results

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