British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

The appeal by the charterer from the decision of the arbitrator ruling that it was the intention of the parties that the risk of loss or damage to the barges rested with the charterer and that the owner could proceed with its claim for damages. The British Columbia Supreme Court (the “Court”) upheld the arbitrator’s decision and concluded that the charterer did not acquire “tort immunity” by virtue of its agreement to insure the barges. 

Lafarge Canada Inc. v. JJM Construction Ltd., [2010] B.C.J. No. 2610, December 24, 2010, British Columbia Supreme Court, C. Lynn Smith J.

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A claim for benefits under an accidental death policy was dismissed as it was found that the manifestation of an inherent condition brought on by swimming in cold water was not an "accident" under the policy.

Nelson v. Industrial-Alliance Pacific Life Insurance Company, [2010] A.J. No. 1373, November 26, 2010, Alberta Court of Queen's Bench, K.G. Nielsen J.

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The court of appeal upheld a trial judge's interpretation of the term "waterborne object" in an exlcusion clause.

Thorburn Wharf Fisheries Ltd. v. ING Insurance Co. of Canada, [2010] N.S.J. No. 617, November 30, 2010, Nova Scotia Court of Appeal, J.W.S. Saunders, J.E. Fichaud and P. Bryson JJ.A.

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