Plaintiff
Defendant
Facts: The plaintiff, The Owners, Strata Plan VIS 6701, filed a claim against Travelers Insurance Company of Canada alleging failure to perform duties under a home warranty insurance policy issued in 2008, which covers building defects on common property. The plaintiff provided multiple notices of defects between 2010 and 2018, demanding repairs and invoking policy terms but received unsatisfactory responses, leading to unremediated defects and subsequent damages.
Issue: The main issue was whether the plaintiff needed to provide more detailed particulars of the defects and associated damages claimed in the lawsuit to allow the defendant to adequately prepare its defense and respond to the claims, including particulars regarding the alleged bad faith conduct of the defendant.
Court's Ruling: The court decided in favor of the defendant, Travelers Insurance Company of Canada, requiring the plaintiff to supply detailed particulars of the defects, the resultant damages, and specifics of the alleged bad faith conduct of the defendant. The court highlighted the necessity for such particulars to clarify the scope of the issues for trial and to enable the defendant to understand the case it must meet.
Costs/Damages Awarded: The defendant was successful in this application for particulars and was awarded costs of the application, as the court noted the defendant attempted to resolve these matters before resorting to court intervention.
Court
Supreme Court of British ColumbiaCase Number
S212352Practice Area
Insurance lawAmount
Winner
DefendantTrial Start Date