Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Author

Joel Cormier

Civil Litigation & Appellate Advocacy
Joel is partner at Davidson Cahill Morrison LLP. His areas of expertise include subrogation, insurance defence, construction and personal injury litigation. Joel has considerable experience representing clients at trial and on appeal.
Legal case banner on dark blue background: firm name on the left, case comment label on the right, large title Chippewas v Sexton’s Mechanical Limited with subtitle about builder’s risk and subrogation

The Contract Strikes Back: How a Breach of Builder’s Risk Obligations Defeated a Subrogated Claim

A subrogating insurer steps into its insured’s shoes, and inherits its insured’s contractual breaches along the way. In Chippewas v Sexton’s Mechanical Limited, the owner cancelled the required builder’s risk policy before occupancy and before the loss. On summary judgment, the subrogated claim was dismissed. A cautionary read for insurers and contractors alike.

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A jury box

The Importance of Keeping Civil Juries in Ontario

Calls to abolish Ontario’s civil juries resurface from time to time, usually on the argument that they are slow, costly, or biased. This article makes the case for keeping them, explaining how juries check judicial bias, bring public participation and diversity to the justice system, and why the common arguments against them do not hold up.

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