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Progressive Homes v. Lombard General Insurance Company of Canada

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 5 2011

The Supreme Court of Canada’s decision in Progressive Homes v. Lombard General Insurance Company of Canada (September, 2010), now represents the leading decision on the issues of “property damage”, “occurrence” or “accident”, and the scope of work performed exclusions in commercial general liability (CGL) policies

Limitation period of claim against maintenance contractor affected by discoverability of involvement

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 5 2011

In the recent decision of Safai v. Bruce N. Huntley Contracting Ltd., the Ontario Court of Appeal (August, 2010) considered the application of limitation periods and the “discoverability rule” in relation to a slip and fall accident that resulted in claims involving both a property owner and a maintenance contractor

Pollution exclusion clauses update: two recent decisions

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • April 5 2011

Two recent decisions add to the jurisprudence considering the application of pollution exclusion clauses

Homeowners liable to contractor in construction lien proceedings but not indemnified by their property insurer for additional costs under the guaranteed replacement cost endorsement of their policy

  • Borden Ladner Gervais LLP
  • -
  • Canada
  • -
  • May 10 2010

In TGA General Contracting v. Cirillo (October 15, 2009), the Ontario Superior Court of Justice gave judgment to a contractor (“TGA”) in construction lien proceedings for unpaid work and materials and concurrently dismissed the homeowners’ claim against their property insurer (“Wawanesa”) for those amounts pursuant to the guaranteed replacement cost (“GRC”) endorsement of their homeowner’s policy following fire damage to their home