Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
The court admitted a solicitor expert’s report and viva voce evidence in a mid-trial voir dire, finding it could assist on standard of care and that objections mostly went to weight.
Appeal dismissed: extrinsic evidence was properly excluded here because the facts as to who hired the contractor were in dispute in the underlying litigation and, critically, even if admitted would not create a possibility of coverage; the plaintiffs' claims were in substance against the appellant as owner/occupier and not as landlord for tenant operations within the leased premises, so the Additional Insured Endorsement did not trigger a duty to defend.
Source excerpt
On the undisputed facts the lease qualified as a lease with purchase option and did not exhibit the characteristics of a rental business under s.62; s.248 did not apply; common law and leading precedents do not impose vicarious liability on a lessor/owner in these circumstances because there was no sufficient closeness/control or enterprise risk to justify imposing vicarious liability; summary judgment dismissing Chrysler was therefore correct.
Source excerpt
Divorce case on division of family property, mortgage debt, household contents, lease liability, sponsorship indemnity, and pension splitting.
Late in trial, the court allowed CNR to amend its claim to seek broader remediation damages for contamination beyond the delineated area.
Explore more
