Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65
Jurisdiction | British Columbia |
Judge | The Honourable Mr. Justice Willcock,The Honourable Madam Justice Fenlon,The Honourable Mr. Justice Voith |
Docket Number | CA46681 |
Court | Court of Appeal (British Columbia) |
Date | 12 February 2021 |
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12 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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Sir Corp. v. Aviva,
...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; Famil......
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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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202135 Ontario Inc. v. Northbridge General Insurance Corporation,
...each make sense within the policy read as a whole: Progressive Homes, at paras. 22-23; Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, at para. 88; Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7, [2017] 1 S.C.R. 121, at para. [18] &......
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5 cases
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Sir Corp. v. Aviva,
...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; Famil......
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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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202135 Ontario Inc. v. Northbridge General Insurance Corporation,
...each make sense within the policy read as a whole: Progressive Homes, at paras. 22-23; Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, at para. 88; Sabean v. Portage La Prairie Mutual Insurance Co., 2017 SCC 7, [2017] 1 S.C.R. 121, at para. [18] &......
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202135 Ontario Inc., et al. v. Northbridge General Insurance,
...does not necessarily give rise to ambiguity, when the contract is read as a whole: Surespan Structures Ltd. v. Lloyds Underwriters, 2021 BCCA 65, at para. [12] Finally, an ambiguity only exists if there are two or more reasonable interpretations of ......
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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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