When Commercial And Insurance Worlds Collide

Cadillac Fairview v. Jamesway Construction 2011 ONSC 2633

This matter involved a slip and fall on ice located on a sidewalk outside of the entrance to Fairview Park Mall owned by Cadillac Fairview.  At the time of this incident, there was a contract in existence between Cadillac Fairview and Jamesway Construction Limited which required Jamesway to keep the mall clear of snow and ice.  In addition, the contract between Cadillac Fairview and Jamesway included the following terms:

• Jamesway agreed to release and indemnify Cadillac Fairview in relation to any costs, expenses or claims for personal injury connected with Jamesway's performance of its snow and ice removal duties under the contract;