"Insurance Law Update in British Columbia - 2002", Annual Review of Law and Practice (Continuing Legal Education Sociey of British Columbia)

January 2003

Insurance Law Chapter (a summary of notable British Columbia insurance decisions in 2002) by Peter Willcock, as published in the Annual Review of Law and Practice (Continuing Legal Education Sociey of British Columbia)

A number of leading cases decided in 2001 have since been appealed to the Supreme Court of Canada. One of those cases: Martin v. American International Assurance Life Company, 2001 BCCA 130 was heard on October 28, 2002. Judgement was reserved. Additional documentary evidence was filed in late 2002 but the judgement was still reserved at year-end.

On April 25, 2002 leave to appeal was also granted from the decisions in KP Pacific Holdings Ltd. v. Guardian Insurance Co. of Canada, 2001 BCCA 469 and the related case, Churchland v. Gore Mutual Insurance Co, 2001 BCCA 130; 2001 SCCA No. 478. The appeal in both cases will be heard on February 18, 2003.

Insurance Brokers have been following the progress of Bank of Nova Scotia v. British Columbia (Superintendent of Financial Institutions) 2001 BCSC 1517 thorough the courts. In 2001 the Supreme Court upheld the Superintendent’s statutory authority to order the Bank of Montreal to cease its solicitation of credit insurance in British Columbia. The Bank has appealed that order. In March of 2002 the Court of Appeal refused the Bank’s application for a stay of the order, concluding that there is an assumed public interest in the enforcement of existing laws: 2002 BCCA 141. The substantive appeal was heard in September but the judgement on whether the statutory provision on which the Superintendent relies is ultra vires was reserved and was not pronounced before year-end.

  A number of other cases described in the Annual Review in prior years have been heard and determined; they are reported below.

(to read this article click on the link below)

• Insurance-Law-Update-2002.pdf