Proven Courtroom Advocates · Offices in Toronto, Huntsville and Bowmanville

Topic

Property Loss

Civil Litigation & Appellate Advocacy

Insurance claims and litigation following damage to property, including fire, flood, and the coverage disputes that can arise after a loss.

Navy Davidson Cahill Morrison LLP title card reading "Ottawa Floods and Construction Defects," with a photo of partner Peter Reinitzer.

After the Deluge: When Ottawa Basement Flooding Points to Construction Deficiencies

The historic Canada Day 2026 storm left thousands of Ottawa homeowners tearing out drywall and replacing ruined furnaces. But an extraordinary weather event does not absolve builders and engineers of liability: where one home floods while its neighbours stay dry, the real cause may be a hidden construction defect, and that opens a very different path to recovery, if you act before the limitation clock runs out.

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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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Apartment Building

No Damages Awarded for “The Building that Blew Up”: $16 Million Damages Claim Dismissed After 13-Years of Litigation

Liability for the 2010 laundry-room gas explosion was admitted, so the only question at trial was damages, and the plaintiffs sought more than $16 million. After a four-week trial and nearly 13 years of litigation, Justice Schabas of the Ontario Superior Court dismissed the action entirely, finding the plaintiffs had not proven the explosion caused their claimed losses. Christopher Morrison and Margaret Klassen acted for the fourth parties.

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Residential Home Flood

Flooded Again? Why Your Insurance Denial Might Be a Clue to a Deeper Problem

A property owner suffers a devastating flood, makes the panicked call to their insurer, and is told the policy does not cover “overland flooding,” or that the sewer-backup limit falls far short of the repair bill. For many that is the end of the road. But a denial can be a clue that the real problem is not the rain at all, but a construction defect in how the home was built, and that opens a very different path to recovery.

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Inside of House Damaged by Fire

Feeling the Heat: A Homeowner’s Guide to Challenging an Insurer After a Fire

Home insurance premiums are climbing across Ontario, hitting cottage-country communities like Huntsville especially hard, as extreme weather and wildfire risk reshape the insurance landscape. The Insurance Bureau of Canada reported over $8 billion in catastrophic losses in 2024. For homeowners facing a denied or underpaid fire claim, this is a guide to scrutinizing the denial and pushing back.

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Peter Reinitzer

Introducing Peter Reinitzer to the Partnership

Davidson Cahill Morrison LLP is delighted to announce that Peter Reinitzer joined the partnership effective September 1, 2024. Based in the firm’s Huntsville office, Peter built his practice in personal injury and property loss, completing eight Superior Court trials in his first three years and helping clarify the law in property damage and negligent construction cases affirmed on appeal.

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