Tanious v. The Empire Life Insurance Company, 2017 BCSC 85

JurisdictionBritish Columbia
JudgeThe Honourable Justice N. Brown
Defendant CounselK. Armstrong
Citation2017 BCSC 85
Date19 January 2017
CourtSupreme Court of British Columbia (Canada)
Docket NumberS129065
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13 practice notes
  • Godwin v. Desjardins Financial Security Investments Inc., 2018 BCSC 690
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 1 Mayo 2018
    ...specifically to address the question of the applicability of this court’s decision on costs in Tanious v. Empire Life Insurance Co., 2017 BCSC 85 [2] Following delivery of the plaintiff’s costs submission, counsel for the defendant advised that Tanious is under appeal, with a hearing before......
  • West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2017 BCSC 2397
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 29 Diciembre 2017
    ...across Canada, were recently and extensively discussed and applied by Justice N. Brown in Tanious v. Empire Life insurance Co., 2017 BCSC 85 at paras. 33-43.[89] The results in these cases were based on the unique nature of the insurance contract and in terms of fulfilling the objective und......
  • Co-operators General Insurance Company v. Kane, 2017 BCSC 1720
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 27 Septiembre 2017
    ...across Canada, were recently and extensively discussed and applied by Justice N. Brown in Tanious v. Empire Life insurance Co., 2017 BCSC 85 at paras. [89] The results in these cases were based on the unique nature of the insurance contract and in terms of fulfilling the objective under tha......
  • Tanious v. The Empire Life Insurance Company, 2019 BCCA 329
    • Canada
    • Court of Appeal (British Columbia)
    • 20 Septiembre 2019
    ...On appeal from: An order of the Supreme Court of British Columbia, dated January 19, 2017 (Tanious v. The Empire Life Insurance Company, 2017 BCSC 85, Vancouver Docket No. Counsel for the Appellant: E.B. Lyall, Q.C. J.Y. Lim Counsel for the Respondent: J.J. Arvay, Q.C. K.R. Phipps Place and......
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9 cases
  • Godwin v. Desjardins Financial Security Investments Inc., 2018 BCSC 690
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 1 Mayo 2018
    ...specifically to address the question of the applicability of this court’s decision on costs in Tanious v. Empire Life Insurance Co., 2017 BCSC 85 [2] Following delivery of the plaintiff’s costs submission, counsel for the defendant advised that Tanious is under appeal, with a hearing before......
  • West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2017 BCSC 2397
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 29 Diciembre 2017
    ...across Canada, were recently and extensively discussed and applied by Justice N. Brown in Tanious v. Empire Life insurance Co., 2017 BCSC 85 at paras. 33-43.[89] The results in these cases were based on the unique nature of the insurance contract and in terms of fulfilling the objective und......
  • Tanious v. The Empire Life Insurance Company, 2019 BCCA 329
    • Canada
    • Court of Appeal (British Columbia)
    • 20 Septiembre 2019
    ...On appeal from: An order of the Supreme Court of British Columbia, dated January 19, 2017 (Tanious v. The Empire Life Insurance Company, 2017 BCSC 85, Vancouver Docket No. Counsel for the Appellant: E.B. Lyall, Q.C. J.Y. Lim Counsel for the Respondent: J.J. Arvay, Q.C. K.R. Phipps Place and......
  • Co-operators General Insurance Company v. Kane, 2017 BCSC 1720
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 27 Septiembre 2017
    ...across Canada, were recently and extensively discussed and applied by Justice N. Brown in Tanious v. Empire Life insurance Co., 2017 BCSC 85 at paras. [89] The results in these cases were based on the unique nature of the insurance contract and in terms of fulfilling the objective under tha......
  • Request a trial to view additional results
4 firm's commentaries
  • Indemnification For Legal Costs Awarded When Disability Coverage Denied
    • Canada
    • Mondaq Canada
    • 18 Abril 2017
    ...the recent case of Tanious v. The Empire Life Insurance Company, 2017 BCSC 85, the British Columbia Supreme Court awarded special costs equivalent to full indemnification of the plaintiff's litigation costs in a disability insurance action. The plaintiff was initially diagnosed with multipl......
  • Full Indemnity For Costs Award In Disability Insurance Dispute Has Far Reaching Consequences
    • Canada
    • Mondaq Canada
    • 2 Marzo 2017
    ...January 19, 2017, Madam Justice Brown of the British Columbia Supreme Court issued reasons in Tanious v The Empire Life Insurance Company, 2017 BCSC 85 ("Tanious"), awarding the plaintiff full indemnity for her costs in a dispute over long term disability benefits, a decision with possible ......
  • Deterrence Not Damages: The Punitive Rationale For Solicitor-Client Costs
    • Canada
    • Mondaq Canada
    • 13 Abril 2018
    ...coverage from dilution by legal fees. The recent British Columbia decision in Tanious v. Empire Life Insurance Co., [2017] B.C.J. No 85, 2017 BCSC 85 marks the latest expansion of this trend, awarding full indemnity costs to a disability insurance claimant despite no misconduct by the defen......
  • Top Canadian Insurance Rulings From 2017
    • Canada
    • Mondaq Canada
    • 27 Diciembre 2017
    ...interpretation of coverage (i.e. unrelated to another insured's file) available under the policy. Tanious v. Empire Life Insurance Co., 2017 BCSC 85 In deciding whether the plaintiff's disability was covered under the terms of the insurance policy, the British Columbia Supreme Court held th......

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