The British Columbia Court of Appeal held that the landlord (in a subrogated action by its insurer) was precluded by the terms of the lease from advancing a claim for fire damage against the tenant. The landlord had a covenant to insure the property. The tenant, who had contributed premiums to that insurance, was entitled to the benefit of that insurance.

06. June 2005 0
North Newton Warehouses Ltd. v. Alliance Woodcraft Manufacturing Inc., [2005] B.C.J. No. 1243, British Columbia Court of Appeal

This is the appeal of a trial finding that an insurer was liable to indemnify the insured owner of a trailer when an uninsured tractor pulling the trailer was involved in a fatal collision. At issue was whether the trial judge erred in his application of the Amos decision of the Supreme Court of Canada, and/or in his interpretation of that decision. The Court of Appeal upheld the trial decision, albeit with different reasoning, and held that there was a causal relationship between the use of the trailer and the collision triggering a duty to indemnify.

Hauck v. Dominion of Canada General Insurance Co., [2005] A.J. No. 513, Alberta Court of Appeal

This is the appeal of a judgment by the motions court holding that an excess insurer was required to contribute pro rata to defence costs incurred by a primary insurer in defending an action where the claim was settled. The Appeal court reversed in part, holding that the excess insurer was responsible to contribute only to costs incurred after it had definitive notice that a judgment could exceed the policy limits of the primary insurer.

ING Insurance Co. of Canada v. Federated Insurance Co. of Canada, [2005] O.J. No. 1718, Ontario Court of Appeal