How have the courts in BC dealt with the issue of proof of loss at the commencement of trial in a case where the loss had taken place as soon as practicable?
British Columbia, Canada
The following excerpt is from Choy v Wawanesa Mutual Insurance Company, 2019 BCSC 976 (CanLII):
In K & R Landscaping & Snow Removal Limited v. Federation Insurance Company of Canada, 2003 BCSC 521, Mr. Justice Brooke addressed a situation in which the proof of loss was provided at the commencement of trial in a case where the loss had taken place three years earlier. He concluded the proof of loss had not been provided "as soon as practicable", language which appeared in that policy and which appears in the policy in issue in this case.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a single issue is proposed for summary trial by way of summary trial, does the court have any consideration in deciding the issue as a whole? (British Columbia, Canada)
How have courts in BC dealt with the issue of personal costs of a trial? (British Columbia, Canada)
What factors will the Court consider in deciding whether it would be unjust to find that a summary trial is appropriate to consider the issues before deciding whether to proceed with a conventional trial? (British Columbia, Canada)
In a summary trial, in what circumstances will the court consider postponement issues in a full trial? (British Columbia, Canada)
What is the test on an application to adduce fresh evidence that existed at the time of trial but was not placed before the trial court? (British Columbia, Canada)
How have the courts in B.C. dealt with the issue of improper handrails on a private bridge? (British Columbia, Canada)
How has the Supreme Court in BC dealt with the issue of condominiums? (British Columbia, Canada)
How have the courts in BC dealt with the issue of an oral agreement to modify the terms of a purchase and sale contract? (British Columbia, Canada)
How have the courts in the Republic of Ireland dealt with the issue of personal injury cases? (British Columbia, Canada)
How have the courts in BC dealt with issues of joint custody and guardianship? (British Columbia, Canada)
