by Tim Gillibrand | Jul 23, 2018 | Subrogation
Insurer Permitted to Subrogate Despite Builders’ Risk Policy Builders’ risk policies have historically been given broad interpretation, extending coverage to all parties involved in a construction project. When property damage arises, the insurer paying the loss may...
by SBA Lawyers | Jul 18, 2018 | Property
The recent Ontario Court of Appeal decision of Gore Mutual insurance Company v. Carlin confirms that contracts of indemnity are meant to indemnify an actual loss and not provide a windfall. The facts, surprisingly, are straight forward. The respondents carried on a...
by Shalini Thomas | Jul 16, 2018 | Property
This action was brought against the Village of Kaslo (B.C.) by a plaintiff who sustained damages after falling down an embankment off Water Street (an unpaved alleyway). The Village had erected concrete barriers at the mouth of the street/alley in order to bar...
by Tim Gillibrand | Jul 9, 2018 | Coverage
The matter of Rosen Express v. Northbridge is yet another case of stolen cargo for which Rosen sought coverage. The case underlines for insurers that courts will often take a broad approach to coverage and they must provide supporting evidence when alleging...
by Laura Emmett | Jul 9, 2018 | Court Proceedings
The Supreme Court of Canada recently considered whether an individual can be impaired by reason of distracted driving in R. v. Suter. While the primary issue was the appropriate length of sentence for the criminal conviction, it also dealt with the concept of being...
