The Jesuit Fathers of Upper Canada (“Jesuit Fathers”) were successful in obtaining a declaration that their Insurer under a comprehensive general liability policy (“Guardian”) had a duty to defend the Jesuit Fathers with respect to claims based upon allegations of sexual assault which fell within the temporal limits of the policy. The court refused to make a declaration that Guardian had a duty to defend claims which were not “first made” during the policy period holding that a belief as to the possible existence of further complaints lacked the specificity required to form the basis of a claim under the policy.
Jesuit Fathers of Upper Canada v. Guardian Insurance Co. of Canada, [2003] O.J. No. 4534, Ontario Superior Court of Justice