b'LEGAL COLUMNThe Court held that there is judicialand often such denials are based inJeremy Burgess is a litigation associate at history for s. 31 being applied strictly asincorrect facts, incorrect law or incorrectPushor Mitchell who frequently assists clients against insurers. On this basis, it wentinterpretations of the subject policy. in contractual and insurance disputes. If you on to find that it didnt matter whetherhave any questions about any such disputes, the Plaintiff was aware of a deductibleIf you have been denied coverage underwed be happy to assist you. Feel free to since the policy itself did not complyan insurance policy, it may be wellcontact Jeremy in a confidential manner with the strict requirements of s. 31.worth the time and effort to seek a legaltoll free at 1-800-558-1155 or at opinion on whether such denial wasburgess@pushormitchell.com. You may also The court rejected the notion that theproperly made. Similarly, counsel maycontact our litigation group at equitable principles of rectificationassist in putting together a demand thatpushormitchell.com/service/litigation/. or promissory estoppel could beproperly owed coverage be provided orThe foregoing is for informational purposes utilized to overcome a failure by theotherwise appealing a claim for only and is not legal advice, Defendant to comply with a mandatorysuch coverage. nor should be construed as such. statutory requirement enacted for the benefit of insureds. As the duty of honest contractual performance was similarly based in notions of equity, any arguments based on that duty failedas well. From left to right, Mark Danielson, Alison Cathcart, Jeremy Burgess, Alf Kempf, Justin DaltonIn the result, the Court declared that the deductible did not apply and ordered the insurer to pay the deductible amount it had previously held back on its payout to the Plaintiff.PCL Constructors Westcoast Inc. v Royal & Sun Alliance Insurance Company of Canada acts as a reminder that insurance contracts must be fastidiously drafted to comply with a number of strict statutory requirements. The Insurance Act is a remedial piece of legislation that encourages courts to find favour with insured where disputes about coverage arise. Parties who are denied coverage or full coverage do not need to accept such denial at face value, Construction involves a high degree of risk.Automatic Door Ltd.WE ARE THE PROUD PROVIDER TO THESTANLEY AUTOMATIC DOORS Ourconstructionlawyershavetheknowledgeandindustry ENTRANCE MARKET FOR OVER 20 YEARS! experience to guide clients through all phases of the construction Automatic Sliding Doors project and when needed will aggressively pursue matters in court Automatic Swing Doors to protect the rights of our clients.Handicap OperatorsControl & Application Equipment3011665 Ellis StreetP.O. Box 23095, RPO, Plaza33, Kelowna, BCV1X 7K7 Kelowna, BCV1Y 2B3P: (250) 878.1649|F: (250) 765.4459 250.762.2108www.pushormitchell.comwww.automaticdoorandgates.comSICA CONSTRUCTION REVIEWFall 201923'