Monthly Archives: October 2014

New Supreme Court of Canada ruling provides guidance on the use of extrinsic evidence in coverage determinations

The Supreme Court of Canada’s recent decision in Sattva Capital Corp. v. Creston Moly Corp (“Sattva”)[1] articulates how and when extrinsic evidence can be utilized to interpret contracts, including policies of insurance. The case arose from a dispute over …

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THE FIRST LINE OF DEFENCE? COURSE OF CONSTRUCTION INSURANCE AND TORT IMMUNITY

On most construction projects involving multiple contractors and sub-contractors, it is common for the owner or general contractor to obtain course of construction insurance (also known as “builder’s risk” insurance) to provide repair or replacement coverage for damage to the …

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