When It Comes to Insurance Clauses, Don’t Automatically Assume Assumption of Risk
Commercial contracts frequently include both indemnity and insurance clauses. An indemnity clause is a provision by which one party (the indemnifier) agrees to compensate another party for financial losses or […]
Protecting Limitation Periods During COVID-19
The last two weeks have been unprecedented for every person and business in Canada. Courts across Canada have been shutting down many of their operations in order to respond to […]
Keys, Please: The Econolodge Park-and-Fly Conundrum
On October 19, 2018, the Supreme Court of Canada released its decision in 3091 5177 Québec inc. (Éconolodge Aéroport) v. Lombard General Insurance Co. of Canada, 2018 SCC 43. The decision […]
WeirFoulds welcomes Marie-Pier Nadeau to the Subrogation & Recovery Practice Group
WeirFoulds is pleased to announce that Marie-Pier Nadeau has joined the firm as a part of the Subrogation & Recovery Practice Group. Marie-Pier has a thorough understanding of the insurance […]
Timing is Everything: Subrogation Claims in the Context of a Construction Loss
It is often perceived that subrogation claims are barred in the context of a construction loss. This is because typically the applicable construction policies will contain waivers of subrogation and […]
Fourth Time’s Not A Charm: A Case of Subrogation Despite Contrasting Trilogy of Decisions by the Supreme Court of Canada
In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal recently examined whether there was a bar to subrogation in a commercial lease. […]