West Van Holdings Ltd v Economical Mutual Insurance Company, 2019 BCCA 110

JudgeMr. Justice Goepel; Madam Justice Fenlon; Madam Justice Dickson
CourtCourt of Appeal (British Columbia)
Case DateApril 05, 2019
JurisdictionBritish Columbia
Citations2019 BCCA 110
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36 practice notes
  • Court Of Appeal Summaries (February 27, 2023 ' March 3, 2023)
    • Canada
    • Mondaq Canada
    • March 10, 2023
    ...Heliotrope Investment Corporation v. 1324789 Ontario Inc., 2022 ONCA 411, West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 Urbancorp Inc. v. 994697 Ontario Inc., 2023 ONCA 126 Keywords: Bankruptcy and Insolvency, Corporate Restructuring, Creditor's Rights, Chose ......
  • Sull v. Pengelly, 2019 BCSC 1565
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 17, 2019
    ...not authorized by the SCCR: Gichuru v. Smith, 2014 BCCA 414 at para. 84; West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 at para. 95; Kyle Estate v. Kyle, 2017 BCCA 329 at para. [12] Since solicitor-and-own-client costs are not available under the SCCR, special ......
  • Tanious v. The Empire Life Insurance Company, 2019 BCCA 329
    • Canada
    • Court of Appeal (British Columbia)
    • September 20, 2019
    ...awards”. As discussed below, after the judge handed down his reasons, in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 this Court commented on the difficulty of discerning the principled basis upon which special costs were awarded in the duty to defend cases c......
  • Stewart v. Lloyd's Underwriters,
    • Canada
    • Court of Appeal (British Columbia)
    • March 3, 2022
    ...decision was under reserve, this Court’s reasons for judgment in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 [West Van] were rendered. West Van overturned a trial award to an insured of full indemnity costs from the insurer, after the insured was succ......
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29 cases
  • Sull v. Pengelly, 2019 BCSC 1565
    • Canada
    • Supreme Court of British Columbia (Canada)
    • September 17, 2019
    ...not authorized by the SCCR: Gichuru v. Smith, 2014 BCCA 414 at para. 84; West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 at para. 95; Kyle Estate v. Kyle, 2017 BCCA 329 at para. [12] Since solicitor-and-own-client costs are not available under the SCCR, special ......
  • Stewart v. Lloyd's Underwriters,
    • Canada
    • Court of Appeal (British Columbia)
    • March 3, 2022
    ...decision was under reserve, this Court’s reasons for judgment in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 [West Van] were rendered. West Van overturned a trial award to an insured of full indemnity costs from the insurer, after the insured was succ......
  • Tanious v. The Empire Life Insurance Company, 2019 BCCA 329
    • Canada
    • Court of Appeal (British Columbia)
    • September 20, 2019
    ...awards”. As discussed below, after the judge handed down his reasons, in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 this Court commented on the difficulty of discerning the principled basis upon which special costs were awarded in the duty to defend cases c......
  • O.W.L. (Orphaned Wildlife) Rehabilitation Society) v. Day, 2019 BCSC 1900
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 6, 2019
    ...Ltd. (1994), (1995) 119 D.L.R. (4th) 740; Gichuru v. Pallai, 2018 BCCA 78; West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 at para. 108; Pellerin v. Dingwall, 2018 BCCA 110 at paras. 51-52; Sandhu v. Mangat, 2019 BCCA 238 at paras. 4-5; Ng v. Ng, 2013 BCSC 1494 ......
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7 firm's commentaries
  • Court Of Appeal Summaries (February 27, 2023 ' March 3, 2023)
    • Canada
    • Mondaq Canada
    • March 10, 2023
    ...Heliotrope Investment Corporation v. 1324789 Ontario Inc., 2022 ONCA 411, West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 Urbancorp Inc. v. 994697 Ontario Inc., 2023 ONCA 126 Keywords: Bankruptcy and Insolvency, Corporate Restructuring, Creditor's Rights, Chose ......
  • Case Summary: Tanious v The Empire Life Insurance Company
    • Canada
    • Mondaq Canada
    • December 18, 2019
    ...not justify a different costs regime that governs all insurance claimants: West Van Holdings Ltd v Economical Mutual Insurance Company, 2019 BCCA 110. The Court held that the trial judge had not erred in admitting and relying on the evidence of insured's counsel. The Court held as The evide......
  • Defence + Indemnity - December 2019: Case Summary: Tanious v The Empire Life Insurance Company
    • Canada
    • JD Supra Canada
    • December 20, 2019
    ...not justify a different costs regime that governs all insurance claimants: West Van Holdings Ltd v Economical Mutual Insurance Company, 2019 BCCA 110. The Court held that the trial judge had not erred in admitting and relying on the evidence of insured’s counsel. The Court held as The evide......
  • Do Environmental Exclusion Clauses Hold Up?
    • Canada
    • Mondaq Canada
    • May 14, 2019
    ...this month, the B.C. Court of Appeal rendered its decision in West Van Holdings Ltd. v. Economical Mutual Insurance Company, 2019 BCCA 110 - a case which considered whether insurers can rely on certain exclusion clauses to deny or preclude coverage for environmental contamination and pollut......
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