Supreme Court Limits “Cost Of Making Good” Exclusion, But Leaves Residual Uncertainty
By: Lawrence G. Theall, Partner And: Shaun A. Hashim, Litigation Associate The Supreme Court of Canada has released its much-anticipated decision in Ledcor Construction Ltd. v. Northbridge Indemnity Insurance Co.[1] The case is notable in three ways. First, it...
Carneiro v. Durham: The Independent Rights Of An Additional Insured
By: Camille M. Dunbar, Litigation Associate Municipalities often retain contractors to provide a wide variety of important public services, for example, snow and ice removal. To protect itself from liability arising from a contractor’s negligence, a municipality...
Is That “Faulty Workmanship” Exclusion Watertight? ONCA Finds That Insurer Cannot Exclude Resulting Damage By Implication
By: Shaun A. Hashim, Litigation Associate Many all-risks insurance policies exclude damage caused by a contractor’s faulty workmanship. The breadth of these “faulty workmanship” exclusions vary considerably. On one hand, a clause may narrowly...
Bad Chair Day: Nerland v. Toronto-Dominion Bank
By: Camille M. Dunbar, Litigation Associate A stout, upholstered chair may, at first blush, seem innocuous. It’s easy to ignore the warnings often recited by parents and teachers to sit property when rocking back and forth on a chair’s legs. However, in...