Appeal Court Orders Rehearing On Coverage For Workplace Accident

The Ontario Court of Appeal recently overturned an Order from the Ontario Superior Court of Justice finding that Intact Insurance Company had a duty to defend a defendant in an action arising out of a fatal trip and fall accident which occurred while the deceased was in the course of his employment. The Ontario Court of Appeal overturned the Order on the basis that the underlying reasons were insufficient and lacked "analysis of the critical issues that had to be addressed", and ordered the rehearing of the Application before a different Judge.

The Application was brought by National Gallery of Canada, a defendant in two actions commenced by the family members of a deceased worker, Conrad Lafreniere. The fatal accident occurred while Mr. Lafreniere was performing maintenance work along a vehicle ramp at the National Gallery of Canada, while in the course of his employment with Lafleur de la Capitale. Prior to his fall, Mr. Lafreniere was sweeping the vehicle ramp when