February - 2017

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Feb 28, 2017

Premium Payable for After-the-Event Insurance Neither a Proper nor Necessary Disbursement

After-the-Event Insurance After-the-event insurance or “ATE insurance” is a fairly new product in Canada available to plaintiffs in personal injury claims. Unlike before-the-event insurance which is purchased in advance and covers costs for disputes arising within the coverage period, ATE insurance is purchased after the dispute arises and provides retroactive coverage for costs of litigation. Typically, the premium is payable only upon a successful resolution. In unsuccess

Feb 21, 2017

Civil jury trials in British Columbia

In a civil trial in British Columbia, a party to an action has the right to elect whether the party wants the case to be heard before a jury or by judge alone. If a party chooses to proceed by way of a jury trial, they must serve what is called a notice requiring jury trial to the opposing party. Rule 12-6 (3) of the Supreme Court Civil Rules (the “Rules”) states that the jury notice must be filed and served on all parties of record within 21 days after service of the notice

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