Summary Judgment

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Davidson Cahill Morrison Civil Litigation & Appellate Advocacy

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Civil Litigation & Appellate Advocacy

A procedure for deciding a claim or defence without a full trial where there is no genuine issue requiring one, used to resolve cases efficiently.

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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

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.

Huether v Sharpe: Continuous Liability of Municipalities in their Regulation of Residential Construction

Peter Reinitzer July 12, 2024

In Huether v Sharpe, the Township of McMurrich Monteith argued that negligence claims over a 1980s home build were barred by the 15-year ultimate limitation period. The Superior Court disagreed: because the Township never closed the building permit, its duty to monitor the construction was ongoing, so the limitation period did not bar the claim and the summary judgment motion was dismissed. The decision is under appeal.

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