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Pollution exclusion in CGL policies: Ontario Court of Appeal addresses the issue

  • Norton Rose Canada LLP
  • -
  • Canada
  • -
  • June 8 2011

The Court of Appeal for Ontario’s recent ruling in ING v. Miracle clarifies the interpretation to be given to pollution liability exclusion clauses contained in commercial general liability insurance policies (commonly referred to as CGL policies) by clearly asserting that the principle of interpretation developed by a body of American case law whereby exclusion is limited to “active polluters” does not apply in Canada