Civil Section Minutes 2007

CHARLOTTETOWN, PRINCE EDWARD ISLAND, SEPTEMBER 9 – 13, 2007

General Resolution Respecting Written and Oral Reports Presented to the Conference

The meeting began by adopting the following resolution:

RESOLVED:

THAT the written reports presented to the Civil Section and to the joint session of the Civil and Criminal Sections appear in the 2007 Proceedings; and

THAT a summary of the oral reports presented to the Civil Section and to the joint session of the Civil and Criminal Sections appear in the 2007 Proceedings.

Limitation Periods and Other Issues in Insurance Statutes

Presenter: Lisa A. Peters (Canadian Bar Association, B. C. Branch), Lawson, Lundell LLP

At the 2005 Conference, Peter Lown (Alberta) summarized a paper prepared by the late Professor Jim Rendall on the issue of limitation periods in insurance statutes. At the 2006 meeting, Ms. Peters reported that both British Columbia and Alberta had begun a comprehensive review of their Insurance Acts; the issue of limitation periods was one issue being addressed in these reviews.

Ms. Peters then summarized what is occurring in the provinces and territories:

Alberta: Bill 42 (the Insurance Amendment Act, 2007) received first reading on June 12, 2007;

British Columbia: consultation closed on May 1, 2007. One stated goal is to harmonize with Alberta’s Bill 42 to the greatest extent possible.

Manitoba: legislation was introduced in November 2006, but progressed no further. Legislation may be reintroduced. One objective would be consistency with British Columbia and Alberta.

New Brunswick, Nova Scotia and Prince Edward Island: in 2005, these jurisdictions decided to revisit the “Harmonized Model Insurance Act for Atlantic Canada” (drafted in 2003 by the superintendents of insurance of the Maritime Provinces). Discussions are continuing.

No current projects are underway in Ontario, Québec, Newfoundland and Labrador, Yukon, Northwest Territories and Nunavut.

Ms. Peters identified four possible prospects for harmonization: limitation periods; statutory conditions; the interplay of fire insurance provisions and the general parts of insurance statutes; and dispute resolution.

The Canadian Council of Insurance Regulators is also maintaining a watching brief with respect to these issues. The Council’s hope is that Alberta’s Bill 42 will be a template for other provinces considering insurance law reform and that it will lead to additional harmonization and uniformity. It takes the view that the ULCC could assist in the process by continuing to monitor the situation and by commenting on the Alberta Bill.

RESOLVED:

THAT the Civil Section Steering Committee continue to monitor developments respecting the issues raised in the 2005 Report to ULCC and continue to work with the Canadian Council of Insurance Regulators to address these issues.

Next Annual Meeting

2017 Conference

Hotel Saskatchewan

Regina, SK

August 13 - 17, 2017
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