Canada Case Law

Eaglestone v. Insurance Council of British Columbia

Court

Supreme Court of British Columbia

The petition was dismissed because the court found no persuasive evidence of remaining undisclosed documents of practical value, the petitioner failed to properly use FIPPA complaint/review mechanisms with the OIPC, mandamus relief was unwarranted given alternative remedies and discretionary considerations, and the petitioner's repetitive and abusive conduct justified interlocutory injunction‑style orders restraining further redundant requests and requiring leave for new requests.

Source excerpt

• Freedom of information and protection of privacy act (fippa)
• Financial institutions act (fia)
• Mandamus
• Vexatious litigant orders
• Inherent jurisdiction
• Office inspection rights

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FS Insurance Brokers, Inc. v. Insurance Council of British Columbia

Court

Supreme Court of British Columbia

The court upheld Insurance Council Rule 7(11.2) as reasonable and valid, found no procedural fairness breach, and continued the injunction with a variation.

• Judicial review
• Ultra vires
• Procedural fairness
• Rule-making
• Conflict of interest
• Injunctive relief

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Sekhon v. McCullagh

Court

Supreme Court of British Columbia

The court excluded a functional capacity/cost of future care report and an economist report under s. 5(6) of the Regulation, finding the plaintiff met the statutory criteria.

• Disbursements and expert evidence regulation s.5(6) and s.5(9)
• Exclusion of expert reports from statutory disbursement cap
• Functional capacity evaluation
• Cost of future care
• Economist report for loss of earning capacity
• Settlement privilege / without prejudice communications

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Independent Order of Foresters v. The King

Court

Tax Court of Canada

Subsection 149(4) governs computation of taxable income and does not displace the income-computation rules for insurers in s.138 or the prescribed designation rules in ITR 2401; therefore the Appellant correctly included A&S assets/liabilities in the CIF and validly designated Investment Property to the A&S business under ITR 2401(2)(b) and (d). On the World Surplus issue the Court applied the objective "necessary/employed and risked" test and found a portion of World Surplus was in fact used or held in carrying on the insurance business (inter-branch/notional items, divisional top-up transfe…

Source excerpt

• Canadian investment fund (cif)
• Designated insurance property (dip)
• Itr 2401(2) designation rules
• Subsection 149(4) interpretation
• World surplus inclusion (used or held)
• Orsa and capital adequacy

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FS Insurance Brokers, Inc. v. Insurance Council of British Columbia

Court

Supreme Court of British Columbia

FSIB obtained a limited interlocutory injunction restraining enforcement of Insurance Council Rule 7(11.2) pending judicial review, with regulatory investigation powers preserved.

• Judicial review
• Rule‑making
• Procedural fairness
• Conflict of interest
• Interim injunction
• Ultra vires

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British Columbia (Attorney General) v. Trial Lawyers Association of British Columbia

Court

British Columbia Court of Appeal

The Court of Appeal ordered each party to bear its own costs after allowing public interest costs submissions in litigation over CRT jurisdiction and s. 96.

• Section 96 analysis
• Public interest litigation costs
• Jurisdiction of superior courts
• Administrative tribunal jurisdiction
• Civil resolution tribunal
• Access to justice

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AllWest Insurance Services Ltd. v. Qiao

Court

Supreme Court of British Columbia

The court rejected issue estoppel and held the conflict in the evidence made summary disposition inappropriate, sending the employment and interference claims to trial.

• Wrongful dismissal
• Breach of employment contract
• Solicitation of clients
• Breach of confidentiality
• Issue estoppel
• Summary trial (rule 9-7)

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Bahia v. Norton

Court

Supreme Court of British Columbia

After a 2013 motor vehicle collision, the plaintiff was awarded damages for chronic pain, lost income, housekeeping loss, future care, and special damages.

• Non-pecuniary damages
• Past loss of income
• Future loss of earning capacity
• Cost of future care
• Loss of housekeeping capacity
• Causation

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Mazraani v. M.N.R.

Court

Tax Court of Canada

Applying Quebec civil law (Civil Code art.2085) the Court found Industrial Alliance had the power to instruct, direct and control the appellant’s work and in fact exercised that power (training, policies, mandatory meetings, supervision, company tools and client ownership). The relationship was therefore a contract of employment and the appellant held insurable employment for April 10, 2012 to November 23, 2012.

Source excerpt

• Insurable employment
• Contract of service vs contract for services
• Subordination (control)
• Agency/independent contractor status
• Training and supervision
• Commission remuneration

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Jalloh v. Insurance Council of British Columbia

Court

Supreme Court of British Columbia

Judicial review of a professional discipline decision was refused where complaints about counsel incompetence were not raised before the tribunal.

• Ineffective assistance of counsel
• Natural justice
• Standards of review
• Admissibility of extrinsic evidence
• Delay and timeliness
• Miscarriage of justice

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