Tanious v. The Empire Life Insurance Company, 2019 BCCA 329

JurisdictionBritish Columbia
JudgeThe Honourable Chief Justice Bauman,The Honourable Madam Justice Dickson,The Honourable Mr. Justice Hunter
Docket NumberCA44254
CourtCourt of Appeal (British Columbia)
Date20 September 2019
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48 practice notes
  • British Columbia (Attorney General) v Le,
    • Canada
    • Court of Appeal (British Columbia)
    • May 17, 2023
    ...have had, it appears, a jurisdiction to award costs where equity demands it: see MacKenzie; Tanious v. The Empire Life Insurance Company, 2019 BCCA 329 at para. 210 There is also no general right to a costs regime that promotes access to justice. That proposition was rejected in Christie. T......
  • Zhao v. Chandi, 2021 BCSC 322
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 24, 2021
    ...Soc. (1988) v. Bridges (1991), 54 B.C.L.R. (2d) 294 at 297, [1991] B.C.W.L.D. 816 (C.A.); Tanious v. The Empire Life Insurance Company, 2019 BCCA 329, leave to appeal ref’d 38924 (20 February 2020), at para. 49. The indemnification function is particularly relevant where one party ha......
  • Chapman v. Chapman,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 3, 2020
    ...Soc. (1988) v. Bridges (1991), 54 B.C.L.R. (2d) 294 at 297, [1991] B.C.W.L.D. 816 (C.A.); Tanious v. The Empire Life Insurance Company, 2019 BCCA 329, leave to appeal ref’d 38924 (20 February 2020), at para. 49. The indemnification function is particularly relevant where one party has had t......
  • Sperring v. Shutiak,
    • Canada
    • Court of Appeal (British Columbia)
    • February 3, 2023
    ...to justice by not making it prohibitively expensive to bring or defend a claim: Tanious v. The Empire Life Insurance Company, 2019 BCCA 329 at [127]    Section 214 was held to be applicable to process outside the court but not applicable to the costs of li......
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45 cases
  • British Columbia (Attorney General) v Le,
    • Canada
    • Court of Appeal (British Columbia)
    • May 17, 2023
    ...have had, it appears, a jurisdiction to award costs where equity demands it: see MacKenzie; Tanious v. The Empire Life Insurance Company, 2019 BCCA 329 at para. 210 There is also no general right to a costs regime that promotes access to justice. That proposition was rejected in Christie. T......
  • Zhao v. Chandi, 2021 BCSC 322
    • Canada
    • Supreme Court of British Columbia (Canada)
    • February 24, 2021
    ...Soc. (1988) v. Bridges (1991), 54 B.C.L.R. (2d) 294 at 297, [1991] B.C.W.L.D. 816 (C.A.); Tanious v. The Empire Life Insurance Company, 2019 BCCA 329, leave to appeal ref’d 38924 (20 February 2020), at para. 49. The indemnification function is particularly relevant where one party ha......
  • Chapman v. Chapman,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • December 3, 2020
    ...Soc. (1988) v. Bridges (1991), 54 B.C.L.R. (2d) 294 at 297, [1991] B.C.W.L.D. 816 (C.A.); Tanious v. The Empire Life Insurance Company, 2019 BCCA 329, leave to appeal ref’d 38924 (20 February 2020), at para. 49. The indemnification function is particularly relevant where one party has had t......
  • Sperring v Shutiak,
    • Canada
    • Court of Appeal (British Columbia)
    • February 3, 2023
    ...access to justice by not making it prohibitively expensive to bring or defend a claim: Tanious v. The Empire Life Insurance Company, 2019 BCCA 329 at paras. 47–49. 127 Section 214 was held to be applicable to process outside the court but not applicable to the costs of litigation. Sh......
  • Request a trial to view additional results
3 firm's commentaries
  • Case Summary: Tanious v The Empire Life Insurance Company
    • Canada
    • Mondaq Canada
    • December 18, 2019
    ...even if there has been no reprehensible conduct or bad faith on the part of the insurer. Tanious v The Empire Life Insurance Company, 2019 BCCA 329, per Dickson Facts + Issues The Respondent insured (Tanious) was diagnosed with multiple sclerosis and her physical, cognitive, and emotional h......
  • Defence + Indemnity - December 2019: Case Summary: Tanious v The Empire Life Insurance Company
    • Canada
    • JD Supra Canada
    • December 20, 2019
    ...even if there has been no reprehensible conduct or bad faith on the part of the insurer. Tanious v The Empire Life Insurance Company, 2019 BCCA 329, per Dickson Facts + Issues The Respondent insured (Tanious) was diagnosed with multiple sclerosis and her physical, cognitive, and emotional h......
  • Eric's LTD Update - Winter 2020
    • Canada
    • Mondaq Canada
    • January 23, 2020
    ...problem by disclosing his severe arthritis in his lumbar spine. F) SPECIAL COSTS AWARD Tanious v. The Empire Life Insurance Company 2019 BCCA 329 (B.C. Court of The appellant, Empire Life appealed from a trial decision that it pay the respondent's special costs in the absence of any finding......

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