Breach of Contract

Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Davidson Cahill Morrison Civil Litigation & Appellate Advocacy

Topic

Civil Litigation & Appellate Advocacy

Disputes arising when one party fails to perform its contractual obligations, and the remedies available to the other side.

View all articles →

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

Joel Cormier June 12, 2026

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.

First Court of Appeal Decision Released in 2025 a Win for Davidson Cahill Morrison LLP

Peter Reinitzer January 5, 2025

The Ontario Court of Appeal’s first decision of 2025, Kramer v Ballantyne-Gaska, is a win for the firm’s clients. The Court dismissed the vendors’ appeal in full, upholding findings of breach of contract and fraudulent misrepresentation over undisclosed, non-compliant underground gas tanks, and rejecting their attempt to reduce the damages on a betterment theory.

Browse by practice area