Case Summaries Category Archives

Little v. Einarsen, 2015 BCSC 2127 (CanLII)

Released November 19, 2015 | Decision It was an unusual situation. Einarsen parked her vehicle on a slope and engaged the emergency brake.  She entered the pub.  About ten minutes later, her unoccupied automobile rolled down the slope of the parking lot. The Plaintiff, Little, was struck from behind by the rolling car as he walked across the parking lot.  The vehicle continued to roll …

Rivera v. British Columbia Life & Casualty Company, 2015 CarswellOnt 16988

This application addressed the priority of coverage between a Long-Term Disability Carrier and an Accident Benefits Carrier. The Respondent, BC Life & Casualty Company, took the position that it was entitled to deduct Income Replacement Benefits from their calculation of the Applicant’s Long-Term Disability Benefits. The Applicant brought an application for a declaration that this was inappropriate. As per both the Insurance Act and the …