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The Federal Court granted summary judgment for Canada in a subrogated debt claim under the AMPA, finding the action timely and the defence unsupported.
The Court of Appeal dismissed an appeal over WorkSafeBC payments, holding only statutory “health care” amounts must be included in damages, while vocational rehabilitation remained subject to common-law proof.
The Court dismissed the appeal because the application judge did not materially misapprehend the evidence when assessing relative risks among heads of damage, his choice to base pro rata allocations on the mediation claim amounts and then apply a 50% puffery reduction was within permissible discretion and consistent with precedent (Kontuk, Hollis), and the Fund's non-attendance at mediation did not constitute an irrevocable waiver that altered the proper allocation; costs of $5,000 were awarded to the respondent.
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Where a commercial lease requires a tenant to contribute to the landlord's fire insurance and the indemnity clause contains no express language rendering it effective notwithstanding the tenant's insurance contribution, the lease, read as a whole, can bar a landlord's insurer from bringing a subrogated action against the tenant; the motion judge so found and the Court of Appeal upheld that conclusion.
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The court found the defendant liable for striking the plaintiff’s elbow during an assault on his vehicle, awarding damages for chronic injury, aggravation, and punishment.
Section 12(1) of the LTD Plan gives the Trustees priority over any amount recovered for past income loss; the costs of recovery are deducted first and then the Trustees are reimbursed for disability benefits paid from the total past income recovery (including prejudgment interest), leaving any excess to the employee. Therefore the Fund was entitled to reimbursement of $79,933.47.
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The court interpreted a mining insurance policy after the Mount Polley tailings disposal failure, finding separate CAD10 million limits for TDF property damage and time element loss.
Under s.12 LAA the court disallowed the limitation defence because the nine-week delay was inadvertent and short, the plaintiff acted promptly after discovery, the s.12(5) factors when balanced showed minimal prejudice to the defendants and significant hardship to the plaintiff if barred, and therefore summary judgment for defendants was not justified.
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The British Columbia Court of Appeal dismissed the WCB’s appeal, upholding findings that Transport Canada owed no private duty of care and that the FTA AOC was valid.
The policy as written and the surrounding facts evidence that the Lloyd's policy was issued solely for the mortgagees' benefit; Standard Charge Term 16 places the obligation to insure on the mortgagor and grants the mortgagee a permissive right to insure for its own protection only; therefore the insurer validly paid the mortgagees, is subrogated to their rights to the extent of payment, and the mortgagees may pursue the appellants for the shortfall; summary judgment dismissal was properly affirmed.
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