Lloyd's Brief: Canadian Legal Perspectives

A collage of construction, railway, canadian flag, wheat and oil rig

December 2014

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Pollution Resulting From Fire is Not “Pollution”, says BC Court

Jonathan Hodes

Virtually every modern CGL policy contains some variation of the “absolute pollution exclusion”, which eliminates or severely restricts coverage for environmental damages. In recent years, the courts in British Columbia and elsewhere have consistently upheld such exclusions in relation to...


How Real is the Risk for Professionals Who Design an Immovable Work in Quebec?

Andréanne Sansoucy

In Quebec, there are two kinds of property: immovables and movables. The notion of ‘immovable work’ includes all immovable structures of considerable size. Any constructions and works of a permanent nature would be characterized as immovables. The interpretation of an...


Counsel-Expert Communications: The Debate Rages On

Ana Simões

Two recent decisions have shaken up the litigation bar. The Ontario Superior Court, in Bailey v Barbour,[1] explicitly set out the court’s expectations of an expert’s proper behaviour. In the subsequent decision of Moore v. Getahun,[2] the Ontario Superior Court...


Insurers Ordered to Pay Out Claim Despite Faulty and Improper Workmanship: How Canada Interprets the Faulty or Improper Workmanship Exclusion

Insurers often rely on the faulty or improper workmanship exclusion under a Course of Construction (aka Contractors’ All Risk or Builders’ Risk) insurance policy to deny coverage for claims arising from imperfect workmanship. Specifically, the LEG 2/96 exclusion clause, developed...


What To Do With Sleeping Dogs: Dismissal for Delay

Philip A. Carson

In most Canadian jurisdictions, a plaintiff’s claim can be dismissed for delay. Lord Salmon, in Fitzpatrick v. Batger & Co., [1967] 2 All E.R. 657, articulated the problem of dormant claims, as follows: [The defendants] no doubt, however, were relying...


Message from the Lloyd’s Team

Welcome to our December edition of the Lloyd’s Brief. We hope it will be useful. We would like to wish you a Merry Christmas, Happy Holidays, and all the best for 2015. Kind regards, Mark FrederickTom WhitbyAnna CasemoreKent DavidsonBill KennySandra...


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