Surespan Structures Ltd. v. Lloyds Underwriters
| Jurisdiction | British Columbia |
| Court | Court of Appeal (British Columbia) |
| Judge | The Honourable Mr. Justice Willcock,The Honourable Madam Justice Fenlon,The Honourable Mr. Justice Voith |
| Citation | 2021 BCCA 65 |
| Date | 12 February 2021 |
| Docket Number | CA46681 |
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18 practice notes
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Court Of Appeal Summaries (April 18 - 22, 2022)
...Homes Ltd. v. Lombard General Insurance Co. of Canada, 2010 SCC 33, [2010] 2 S.C.R. 245, Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7 Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310 Keywords: Emp......
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Julka v Wadhera
...to the weight ascribed to the statement by the trier of fact: Khelawon, at para. 49; Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65 at paras. 95–96. 196 A useful list of factors to be considered in assessing reliability for this purpose can be found in Gutierrez v. Gutierrez,......
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Sarzynick v. Skwarchuk
...to the weight ascribed to the statement by the trier of fact: Khelawon, at para. 49; Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65 at paras. 95–96. As I discuss below, I find that none of the hearsay statements meet the requirements of the principled approach. Accordingly, I......
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Sir Corp. v. Aviva
...belief’ of either party or of the ‘concerns’ that an insurer alone might hold”: Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, at para. 94; Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341, 140 O.R. (3d) 401, at para. 18; Sattva, at paras. 59–61; Family Insurance Corp.......
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10 cases
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Julka v Wadhera
...to the weight ascribed to the statement by the trier of fact: Khelawon, at para. 49; Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65 at paras. 95–96. 196 A useful list of factors to be considered in assessing reliability for this purpose can be found in Gutierrez v. Gutierrez,......
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Sarzynick v. Skwarchuk
...to the weight ascribed to the statement by the trier of fact: Khelawon, at para. 49; Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65 at paras. 95–96. As I discuss below, I find that none of the hearsay statements meet the requirements of the principled approach. Accordingly, I......
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Sir Corp. v. Aviva
...belief’ of either party or of the ‘concerns’ that an insurer alone might hold”: Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, at para. 94; Nodel v. Stewart Title Guaranty Company, 2018 ONCA 341, 140 O.R. (3d) 401, at para. 18; Sattva, at paras. 59–61; Family Insurance Corp.......
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The Jewish Theological Society of Canda o/a Camp Ramah in Canada v. Arch Insurance Canada Ltd.
...2021 ONSC 2341 (“Backyard Media”) at para 4 [10] Cabell at para 13; Wigle at para 50 [11] Surespan Structures Ltd. v Lloyds Underwriters, 2021 BCCA 65 (“Surespan”) at para [12] Progressive Homes at para 23; see also Cabell at para 11 [13] Ledcor at para 52; Progressive Homes at paras 26-29 ......
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7 firm's commentaries
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Court Of Appeal Summaries (April 18 - 22, 2022)
...Homes Ltd. v. Lombard General Insurance Co. of Canada, 2010 SCC 33, [2010] 2 S.C.R. 245, Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7 Render v. ThyssenKrupp Elevator (Canada) Limited, 2022 ONCA 310 Keywords: Emp......
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Unrealistic Coverage: Insurer Tripped Up By Loose Policy Language Case Study: Surespan Structures Ltd. V Lloyds Underwriters
...language of the insurance policy governed the relationship of the parties, and the outcome of the dispute, in Surespan. Footnotes 1 2021 BCCA 65. 2Express reference (at para. 97) was made to the fact that the coverage in issue (Mitigation of Loss coverage) was not a common element of Canadi......
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Insurers: Guard Your Limits
...How will insurers provide mitigation coverage in the future? In the recent decision of Surespan Structures Ltd. v. Llyods Underwriters, 2021 BCCA 65, a three judge panel of the British Columbia Court of Appeal grappled with these issues in an appeal of the interpretation of an insurance pol......
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The Sky's The Limit: Inconsistent Policy Drafting Results In Unlimited Coverage
...Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65 ('Surespan'), the Court of Appeal held that there was no limit to a particular area of coverage, despite there being limits in other In a multi-party construction project, Graham Design was subcontracted under a design-services agreement.......
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