British Columbia Insurance Blog : Canada Insurance Lawyer & Attorney : Michael Thomas of Harper Grey Law Firm : British Columbia, Vancouver

Defendant construction company could not benefit from a clause in a lease between the plaintiff lessee and a third party lessor requiring plaintiff to obtain construction insurance to defeat a claim by the plaintiff against the defendant arising out of damage to the plaintiff's building caused by the defendant and its subcontractors.

Bank of Nova Scotia v. Lockerbie & Hole Industrial Inc., [2013] O.J. No. 1167, March 14, 2013, Ontario Superior Court of Justice, E.M. Morgan J.

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The application by an insured under a long term disability policy ("Catalano") to dismiss an action by the disability insurer ("Sun Life") seeking to recover insurance monies pursuant to a reimbursement agreement was dismissed where the Court held that the applicable limitation period was six years.

Sun Life Assurance Co. of Canada v. Catalano, [2012] B.C.J. No. 2566, November 28, 2012, British Columbia Supreme Court, J.E.D. Savage J.

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An insurer may not bring a subrogated claim against an employee of an insured where the insured has no right to claim against the employee.

Portage La Prairie Mutual Insurance Co. v. MacLean, [2012] N.S.J. No. 520, October 1, 2012, Nova Scotia Supreme Court, P.J. Duncan J.

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An appeal by an insurer from an order that it defend its insureds and reimburse them for defence costs. The appeal was dismissed.

Meridian Construction Inc. v. Royal & SunAlliance Insurance Co. of Canada, [2012] N.S.J. No. 450, August 23, 2012, Nova Scotia Court of Appeal, M.J. Hamilton, J.E. Fichaud and P. Bryson JJ.A.

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The Nova Scotia Court of Appeal upheld a decision finding that the provisions of the Nova Scotia Health Services and Insurance Act permit the government to pursue nursing home care costs from injuries arising from a motor vehicle action by way of subrogated action.

Slauenwhite v. Keizer, [2012] N.S.J. No. 89, February 23, 2012, Nova Scotia Court of Appeal, J.W.S. Saunders, L.L. Oland and M.J. Hamilton JJ.A.

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An application seeking a declaration that the defendant was an unnamed insured under the policy was dismissed when it was shown that the defendant, who was a relative of the insureds, maintained a separate and distinct household from the insureds.

Jomaa v. Jomaa, [2011] O.J. No. 5468, December 2, 2011, Ontario Superior Court of Justice, D.J. Power J.

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An appeal from an order dismissing applications to strike out third party claims. The appeal was allowed.

Howalta Electrical Services Inc. v. CDI Career Development Institutes Ltd., [2011] A.J. No. 1227, November 15, 2011, Alberta Court of Appeal, J.E.L. Côté, J.D.B. McDonald and B.K. O’Ferrall JJ.A.

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Insured which advanced claim for both uninsured loss and insured loss in subrogated claim was allowed to have carriage and control of action.

Zurich Insurance Co. v. Ison T.H. Auto Sales Inc., [2011] O.J. No. 4720, October 25, 2011, Ontario Court of Appeal, J.C. MacPherson, H.S. LaForme and G.J. Epstein JJ.A.

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Subrogated action for damages caused to the insured’s vehicle was dismissed on the basis that the defendant had implied consent to use the vehicle and, as a result, was an un-named insured.

RBC General Insurance Co. v. Kelly, [2011] A.J. No. 421, April 5, 2011, Alberta Provincial Court, D.G. Ingram Prov. Ct. J.

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 A covenant to insure contained in a contract of bailment does not act as a bar to subrogation against the bailor with respect to damage to the bailed property.

Kruger Products Ltd. v. First Choice Logistics Inc., [2010] B.C.J. No. 2333, November 26, 2010, British Columbia Supreme Court, G.D. Burnyeat J.

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