Nagy v. BCAA Insurance Corporation, 2020 BCCA 270
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Saunders,The Honourable Madam Justice Bennett,The Honourable Mr. Justice Grauer |
| Citation | 2020 BCCA 270 |
| Date | 07 October 2020 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA46203 |
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10 practice notes
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Phaneuf v. 0896459 B.C. Ltd.,
...of probabilities: F.H. v. McDougall, 2008 SCC 53 at para. 40 [McDougall]; Fairmont at para. 35; Nagy v. BCAA Insurance Corporation, 2020 BCCA 270 at para. 39. To discharge that standard, the quality of evidence must always be sufficiently clear, convincing, and cogent: McDougall at para. 46......
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Allan v. Froese,
...intersection between those cases and the more recent decisions from the Court of Appeal (e.g., Nagy v. BCAA Insurance Corporation, 2020 BCCA 270 at paras. 39–42; Pavlovich v. Danilovic, 2020 BCCA 239 at paras. 26–27, both citing F.H. v. McDougall, 2008 SCC 53) rejecting ......
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Grewal v. Bal, 2020 BCSC 1588
...proof in civil matters is on a balance of probabilities: F.H. v. McDougall, 2008 SCC 53, at para. 40; Nagy v. BCAA Insurance Corporation, 2020 BCCA 270, at paras. 41-42. [15] Nor does the evidence indicate that the marriage is voidable. There seems to be a common misconception that a marria......
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Briggs v. Kasdorf,
...The burden of proof is on a balance of probabilities: F.H. v. McDougall, 2008 SCC 53 at para. 40; Nagy v. BCAA Insurance Corporation, 2020 BCCA 270 at paras. 41-42. If the evidence shows the applicable table amount is inappropriate, the court can increase or decrease the table amount. A con......
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8 cases
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Phaneuf v. 0896459 B.C. Ltd.,
...of probabilities: F.H. v. McDougall, 2008 SCC 53 at para. 40 [McDougall]; Fairmont at para. 35; Nagy v. BCAA Insurance Corporation, 2020 BCCA 270 at para. 39. To discharge that standard, the quality of evidence must always be sufficiently clear, convincing, and cogent: McDougall at para. 46......
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Allan v. Froese,
...intersection between those cases and the more recent decisions from the Court of Appeal (e.g., Nagy v. BCAA Insurance Corporation, 2020 BCCA 270 at paras. 39–42; Pavlovich v. Danilovic, 2020 BCCA 239 at paras. 26–27, both citing F.H. v. McDougall, 2008 SCC 53) rejecting ......
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Grewal v. Bal, 2020 BCSC 1588
...proof in civil matters is on a balance of probabilities: F.H. v. McDougall, 2008 SCC 53, at para. 40; Nagy v. BCAA Insurance Corporation, 2020 BCCA 270, at paras. 41-42. [15] Nor does the evidence indicate that the marriage is voidable. There seems to be a common misconception that a marria......
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Briggs v. Kasdorf,
...The burden of proof is on a balance of probabilities: F.H. v. McDougall, 2008 SCC 53 at para. 40; Nagy v. BCAA Insurance Corporation, 2020 BCCA 270 at paras. 41-42. If the evidence shows the applicable table amount is inappropriate, the court can increase or decrease the table amount. A con......
Request a trial to view additional results
2 firm's commentaries
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Misrepresentations, Omissions And Other Half Truths
...a misrepresentation and fraudulent omission was recently considered by the B.C. Court of Appeal in Nagy v. BCAA Insurance Corporation 2020 BCCA 270. The writer was counsel for BCAA at both levels of The insureds in this case owned a home on Mayne Island, B.C. The insureds submitted an appli......
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BC Court Of Appeal Affirms That The Duty Of Utmost Good Faith Is Central To Insurance Contracts
...v. BCAA Insurance Corporation, 2020 BCCA 270, the British Columbia Court of Appeal clarified the distinction between an "omission" and "misrepresentation" on a home insurance claim, overturning a decision made on a summary trial application in the BC Supreme In 2016, the plaintiffs, who wer......