Canadian General Insurance v. Western Pile

The completed operations exclusion applied because the insured's physical work (driving of piles) was completed when men and equipment were withdrawn on January 29, 1964; contractual obligations or intention to remedy defects do not prevent an operation being "completed," therefore the insurer was not liable for the resulting negligence claim.

Citation: [1972] SCR 175
Parties: Defendant/appellant: Canadian General Insurance Company; Plaintiff/respondent: Western Pile and Foundation (Ontario) Ltd.
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 28 June 1971
Procedural Posture: Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario
Outcome: Appeal allowed; judgment of trial court restored; respondent's claim dismissed.
Legal Topics: Liability Insurance, Policy Exclusions, Completed Operations Exclusion, Negligence, Indemnity
Source Language: English

Insurance Tort Construction Law Contract Law Liability Insurance Policy Exclusions Completed Operations Exclusion Negligence +1 more

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Parties

Canadian General Insurance Company

Defendant/appellant

Western Pile and Foundation (Ontario) Ltd.

Plaintiff/respondent

Procedural Posture

Appeal / Supreme Court of Canada on Appeal From the Court of Appeal for Ontario

Legal Issues

1 Whether the loss constituted an "accident" under the policy
2 Whether the policy's completed operations exclusion applied
3 Whether the endorsement limiting liability for work below the surface applied

Ratio Decidendi

Court Disposition

Appeal allowed; judgment of trial court restored; respondent's claim dismissed.

Orders

Appeal allowed with costs
Judgment of the trial judge restored dismissing the respondent's claim for indemnity