This was an unsuccessful petition by the Insured seeking a declaration that its Insurer had a duty to defend proceedings brought by a third party for damages allegedly sustained as a result of the Insured’s operations. The insured was alleged to have failed to remove sandblasting residue from the property. The insurer denied coverage on ...
The Plaintiff and Defendant disagreed about which of them was obligated to pay accident benefits to a man injured in a motor vehicle accident. The Court found that the Defendant was responsible for paying the accident benefits, because the policy was in force at the time of the accident and there was no valid reason ...
The Insured attempted to commit suicide by disconnecting four separate lines supplying natural gas to his residence. The natural gas ignited and an explosion occurred. The Insured was charged with and pled guilty to an offence contrary to s. 436 of the Criminal Code. Since the homeowners policy excluded bodily injury or property damage caused ...
Limitation periods start when a Plaintiff has, or ought to have, discovered a viable cause of action for any head of damage. However, a Plaintiff can only commence one action for damages arising from the tortuous conduct. This could result in no postponement of limitation periods for people involved in motor vehicle accidents in which vehiclar ...
The Court dismissed the general contractor’s petition that the respondent Insurer had a duty to defend it in four underlying actions because the alleged damage was to the very building the general contractor was contracted to build and the allegations therefore did not involve “property damage” under the terms of the policy. Progressive Homes Ltd. ...
The Court granted the Plaintiff’s motion on a determination of a question of law after finding that the Plaintiff was not barred by s. 263 of the Insurance Act from advancing a subrogated claim against the Defendant for damages sustained to the Plaintiff’s Camper Trailer, which was not insured by a motor vehicle liability policy ...
The Court granted an application by the automobile Insurer striking out the Plaintiff’s claim on the grounds it contained no reasonable cause of action after finding that the statutory provision in the Ontario Automobile Policy excluding coverage for an occupant of an automobile operated by a person without the owner’s consent did not contain a ...
Successful appeal by the Insurer from a decision of the trial judge granting judgment to the Insured for its claim under a builder’s all-risk insurance policy in respect of construction of a railway tunnel. The trial judge determined that the loss was the result of unforeseeable equipment damage. The Court of Appeal determined that the ...
An Insurer has a duty to defend owners and developers sued by strata corporations for defective workmanship and resultant damage under a wrap-up insurance policy. The Court found that the decision in Swagger Construction Ltd v. ING Insurance Co. of Canada, 2005 BCSC 1269, applied only to general contractors, and ordered that GNAC provide insurance ...
A representative Plaintiff from a class action in Illinois against the Insured brought a motion for a stay of proceedings in an Ontario proceeding. The Ontario proceeding was for a declaration that the Insurer was not required to defend the Insured against the representative Plaintiff’s complaint, nor indemnify the claim. The Court dismissed the motion ...
