On October 19, 2018, the Supreme Court of Canada released its
decision in 3091 5177 Québec inc.
(Éconolodge Aéroport) v. Lombard General Insurance
Co. of Canada, 2018 SCC 43. The decision mostly focused on the
"care, custody and control" exclusion, but is also of
interest for insurers wishing to pursue subrogation for theft of
vehicles while in the care of others.
The Econolodge, a park-and-fly hotel, offered its guests
accommodation, parking and a shuttle service to the Montreal
airport. Guests were required to leave their car keys with the
Econolodge in the winter, in the event the cars had to be moved for
snow removal activities. Two guests had their cars stolen while
they were abroad, during the winters of 2005 and 2006. The
Econolodge was unaware of the thefts until the guests reported it,
and the keys were still in the Econolodge's possession, for
both cars. Their insurers compensated the car owners for their
losses, and subrogated against the Econolodge. The
