The Owners, Strata Plan EPS1544 v. Royal & Sun Alliance Insurance Company of Canada and in French, Royal & Sun Alliance du Canada, Societe D'Assurances
The Receivership Funds Agreement did not substantially alter the landscape of the Condominium Action because its salient terms (receivership, insurer subrogation and cooperation obligations, and the insurer's undertaking to complete certain remedial work potentially using receiver funds) were already disclosed in the pleadings and correspondence; therefore immediate disclosure was not required and LHR's application for a stay or dismissal as an abuse of process was dismissed.
Source excerpt
- Subrogation
- Breach of warranty
- Abuse of process
- Disclosure of settlement agreements
- Receivership funds distribution
- Negligence