Greg Allen & Kaitlyn Meyer win $2.2 million judgment in 19-day trial

Greg Allen and Kaitlyn Meyer (along with former associate, Chloe Trudel), successfully represented the plaintiff in a claim against its insurer for unpaid business income losses.

The plaintiff intended to open a restaurant and event business in South Surrey when its plans were interrupted by a land subsidence incident on the neighbouring property. Although the insurer paid the plaintiff over $1 million for its business income losses under the policy, the court found that the plaintiff was entitled to a further $2,278,000 during the applicable indemnity period.

The trial judge further determined that the insurer had breached its duty of good faith contractual performance in its administration of the plaintiff’s claim. Specifically, the insurer failed to assess evidence of the plaintiff’s business income losses in a fair and balanced manner, including reviewing evidence presented by the plaintiff’s own accounting experts at the time. Moreover, the trial judge found that the insurer should not have exercised its discretionary powers to cancel the policy a final time as it had not advised the plaintiff that electing to accept the “actual cash value” of the repairs rather than repairing the property would likely lead to a cancellation.

 For the full details on this case, visit: 2025 BCSC 1532. For more information on Allen / McMillan’s commercial litigation practice, please contact Greg (greg@amlc.ca) or Kaitlyn (kaitlyn@amlc.ca).