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ARTICLE · 15 AUGUST 2022

When Is A Pollutant Not A Pollutant: Total Pollution Exclusions In Commercial General Liability Policies

WeirFoulds LLP
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On June 2, 2022, the SCC dismissed an application for leave to appeal from the Ontario Court of Appeal's decision in Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908.

CanadaEnvironment
John Buhlman
John Buhlman
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On June 2, 2022, the SCC dismissed an application for leave to appeal from the Ontario Court of Appeal's decision in Hemlow Estate v. Co-operators General Insurance Company, 2021 ONCA 908. Mr. Hemlow carried on business as a mechanical contractor. He applied for and received a Commercial General Liability ("CGL") insurance policy with Co-operators. Like many CGL policies, the policy issued to Mr. Hemlow contained what is called a "Total Pollution Exclusion":

This insurance does not apply to:

  • Pollution Liability
    1. "Bodily Injury" or "property damage" or "personal injury" arising out of the actual, alleged, potential or threatened spill, discharge, emission, dispersal, seepage, leakage, migration, release or escape of "pollutants".

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