in the supreme court of british columbia - Clark Wilson LLP

British Columbia Medical Association v. Aviva Insurance
Company of Canada Page 4
2. A declaration that Aviva is not entitled to exercise any right to
control or participate in the defence of the Individuals against the
Claims.
(b)
3. A declaration that Aviva is not entitled to exercise any right that
it might otherwise have enjoyed in connection with the conduct of the
defence of the Individuals against the Claims, including as to the
approval of any defence costs or settlement opportunity.
BCMA seeks the following relief:
1. A declaration that the Respondent Aviva Insurance Company of
Canada (“Aviva”) is, and at all material times has been, under an
obligation to the British Columbia Medical Association (“BCMA”) to pay
for the defence of BCMA and certain of its directors, executive officers,
employees and volunteer workers, namely Geoffrey Marsden
Appleton, Brian David Brodie, William John Riddell Cavers, Bradley
Allen Fritz, Michael John Golbey, Nasirmohamed Jetha, Margaret
Anne MacDiarmid, John William Mackie, Robin David Saunders, Mark
David Schonfeld, Barry John Turchen, John Michael Morris Turner and
Geraldine Vance (the “Individuals”) against the claims brought against
them by Caroline Wang as set out in the Statement of Claim filed
August 7, 2009 in the Supreme Court of British Columbia, Vancouver
Registry Action No. S09577 (the “Wang Action”), and as set out in the
Consolidated Notice of Civil Claim filed September 27, 2010 in the
Wang Action (together, the “Claims”).
2011 BCSC 1399 (CanLII)
2. A declaration that Aviva is not entitled to exercise any right to
control or participate in the defence of BCMA and the Individuals
against the Claims.
3. A declaration that Aviva is not entitled to exercise any right that
it might otherwise have enjoyed in connection with the conduct of the