Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Topic

Construction

Civil Litigation & Appellate Advocacy

Litigation arising from construction projects, including disputes over defects, delays, insurance coverage, and the obligations of those who build.

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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