The Contract Strikes Back: How a Breach of Builder’s Risk Obligations Defeated a Subrogated Claim
It is trite law that a subrogating insurer steps into the shoes of its insured. However, Justice McCarthy’s recent decision in Chippewas v. Sexton’s Mechanical Limited et al. is a sharp reminder that in doing so, the subrogating insurer also inherits its insured’s contractual obligations and the consequences of any contractual breaches. In this lawsuit, […]
The Importance of Keeping Civil Juries in Ontario
Calls to eliminate civil juries have quieted down recently. In-person jury trials have resumed. However, we have likely not seen the last of efforts to abolish civil juries. These efforts arise at various times, for various reasons, and from various quarters in the legal profession and elsewhere. Some argue that jury trials are unduly long […]