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ARTICLE · 10 JULY 2023

Covenants To Insure: "All Insurance" May Not Mean "Fully Covered"

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In Jakab v Clean Harbors Canada Inc., the Ontario Court of Appeal considered contractual provisions regarding insurance for a commercial vehicle. This case highlights the importance of reviewing insurance...

CanadaInsurance
Rachel Runge
Rachel Runge
Devon Gallacher
Devon Gallacher
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In Jakab v Clean Harbors Canada Inc1., the Ontario Court of Appeal considered contractual provisions regarding insurance for a commercial vehicle. This case highlights the importance of reviewing insurance coverage obtained pursuant to the terms of a commercial agreement.

Facts

The appellants, Gergely Jakab and his corporation, Ontario Heavy Xpress Ltd. (collectively, Mr. Jakab) owned and operated a truck to work exclusively for the respondent, Clean Harbors Canada Inc. (Clean Harbors).

In 2017, Mr. Jakab and Clean Harbors entered into a National Transportation Lease Agreement (the Contract), Mr. Jakab agreed to provide freight haulage and furnish trucking equipment to Clean Harbors. The Contract expressly provided as follows with respect to insurance:

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