Employer ordered to pay $100,000 punitive damages.

On January 31, 2013, the British Columbia Court awarded an employee $100,000.00 in punitive damages as a result of the defendant employer’s conduct, which was found to be malicious and vindictive, in breach of its obligations of good faith and fair dealing in the manner in which the employee was terminated. The employer’s egregious conduct continued “unbroken” throughout the legal proceeding. The Court awarded punitive damages against the employer to punish, denounce, and deter future actions, which included: 1. The employer refused to pay the employee’s outstanding wages unless a release...

When a policy lapses, a new agreement must be made.

On January 11, 2013, the  BC Court of Appeal decided in Khosah v. Canada Life Assurance Co. that where coverage under an original policy lapses in accordance with its own terms, the principles of contract formation, rather than contractual interpretation, may apply in determining whether a new policy has come into existence. The issue on appeal was whether the beneficiary’s deceased husband, the insured, obtained temporary insurance coverage from the insurer while the insurer processed the insured’s application for reinstatement of a term life insurance policy that had lapsed due...

Critical Illness Insurance

Insurer has 6 years to sue insured.

On November 28, 2012, in Sun Life Assurance Co. of Canada v. Catalano, [2012] B.C.J. No. 2566,British Columbia Supreme Court dismissed an application by an insured under a long term disability policy (“Catalano”) to dismiss an action by the disability insurer (“Sun Life”) seeking to recover insurance monies under a reimbursement agreement. The Court held that the applicable limitation period was six years. Catalano worked for Teck Cominco Metals Ltd. until February 2003. He became disabled and was provided long term disability benefits under a group policy...

ICBC’s expert given “very little weight” for failure to examine.

The failure of a doctor to examine a plaintiff is not, in and of itself, a barrier to the physician from providing opinion evidence to the BC Supreme Court. However, often little weight is attached to a doctor’s opinion in such circumstances. This was demonstrated in Rizzotti v. Doe, 2012 BCSC 1330,  the plaintiff suffered psychological injuries in a serious collision in which the offending motorist died. At trial the plaintiff tendered expert evidence addressing the extent of her injuries. The defendant tendered a report from a psychiatrist, Dr. Levin, who disagreed with the plaintiff’s...