Defence & Indemnity - June 2016

1. INSURANCE ISSUES

   1. Where a party pleads equitable relief (such as rescission, estoppel or relief from forfeiture) with respect to an insurance policy, the claim cannot be heard by a jury

   Maynard v. Alberta Motor Assn., 2015 ABQB 564, per Pentalechuk, J.[4182]

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2. LIABILITY ISSUES

   1. Contributory negligence of a passenger will not be found by virtue of the passenger's knowledge that the driver only has a novice driver's licence without evidence that the passenger engaged in negligent acts or knew the driver was a poor or reckless driver

      Nahal v. Ram, 2016 BCSC 39, per Jenkins, J. [4184]

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      B.Under the Occupier's Liability Act (OLA) there is no duty to investigate and identify a patron for the purposes of a claim between the two patrons unless the occupier...