Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 16 APRIL 2015

Is It Ever Too Late To Rely On A Covenant To Insure?

Gowling WLG
Gowling WLG
Contributor
Gowling WLG

Gowling WLG

The firm The firm’s lawyers speak English, French, Russian and Ukrainian. The firm’s client base...

View firm profile
Explore more from Gowling WLG

Construction and commercial contracts typically include a covenant to insure, obliging one party to obtain insurance on all or part of the subject matter of the contract.

CanadaInsurance
Belinda Bain
Belinda Bain
Susana Fonseca
Susana Fonseca
Author LinkedIn connections

In the recent case of 1642279 Ontario Inc. v. SCE Construction Management Inc.1, the Court considered the issue of whether, in a construction contract dispute, the defendant ought to be permitted, on the eve of trial, to amend its pleading to rely on a covenant to insure as a bar to the plaintiff's action.

Construction and commercial contracts typically include a covenant to insure, obliging one party to obtain insurance on all or part of the subject matter of the contract. The law in Ontario is clear that when one party to a construction contract contracts with another party to provide insurance to cover damage to a project, the party which is obliged to purchase insurance fully assumes the risk of damage to the project.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Ontario Auto Insurance Just Changed: What’s Now Optional And How To Protect Yourself

Ontario's 2026 auto insurance reforms converted most accident benefits from mandatory to optional coverage, creating significant gaps in protection for pedestrians, cyclists, and unlisted drivers. Understanding these changes and taking proactive steps before your policy renewal could mean the difference between comprehensive coverage and devastating financial exposure after an accident.
CanadaInsurance
Howie, Sacks & Henry LLP
Howie, Sacks & Henry LLP
Article

Does My Credit Card Cover Rental Car Insurance In Canada? What You Need To Know

Premium credit cards often include rental car insurance, but many Canadians misunderstand what this coverage actually protects. While collision damage waivers may cover the rental vehicle itself, they typically exclude liability for injuries to others, personal belongings, and certain vehicle types. Understanding these limitations before declining the rental company's insurance can prevent costly surprises after an accident.
CanadaInsurance
Howie, Sacks & Henry LLP
Howie, Sacks & Henry LLP
Article

Regulatory Alert: FSRA Warns Of Unlicensed GAP Insurance Sales In Ontario

Ontario's Financial Services Regulatory Authority has issued a warning about unlicensed businesses selling Guaranteed Asset Protection (GAP) insurance through vehicle dealerships, leaving consumers potentially unprotected despite paying hundreds of dollars for coverage. The regulatory body has identified cases where GAP products reference insurers that never actually underwrote the policies, and is now taking enforcement action against violators while monitoring the market for compliance with licensing requ
CanadaInsurance
Gowling WLG
Gowling WLG
Article

What Is The Hansa? From The Hanseatic League To Modern Cooperation Models

The term "Hansa" has re-emerged in modern geopolitical discourse, most notably through the 2026 Germany-Norway defence cooperation framework. This article examines how the principles of the medieval Hanseatic League—flexible coordination, shared standards, and mutual benefit without centralization—are being adapted to address contemporary challenges in defence, security, and cross-border collaboration.
GlobalInternational Law
Gowling WLG
Gowling WLG
Article

CBSA Anti-Dumping And Countervailing Duty Investigations: Truck And Bus Tires From China – What Producers, Exporters, And Importers Need To Know

Canada has initiated anti-dumping and countervailing duty investigations into truck and bus tires from China, with preliminary determinations expected by November 30, 2026. Producers, exporters, and importers—including companies from Korea, Japan, and Singapore with Chinese operations—face critical September and October deadlines to submit comprehensive responses or risk significantly higher duty rates.
CanadaInternational Law
Gowling WLG
Gowling WLG
Article

Canada And The European Union Chart A New Course: Beyond CETA Toward A Strategic Economic Partnership

European Commission President Ursula von der Leyen has invited Canada to become the first associate member of the EU, with Prime Minister Mark Carney accepting the proposal to pursue an "Alliance for the Future." The partnership would build on existing bilateral agreements with Germany, Spain, and Italy, potentially enabling free flow of goods, services, and workers across strategic sectors including energy, critical minerals, artificial intelligence, defence, and advanced manufacturing.
GlobalInternational Law
Gowling WLG
Gowling WLG
Article

The Warranty Of Good Working Order: New Québec Consumer Protection Regulation Takes Effect October 5, 2026

Starting October 5, 2026, Québec will introduce a new statutory warranty of good working order for consumer goods such as appliances and electronics, with minimum warranty periods ranging from 3 to 6 years. The legislation imposes disclosure obligations on manufacturers and merchants while prohibiting any attempts to exclude or limit this warranty. Businesses operating in Québec must adapt their practices to comply with these consumer protection requirements or face potential compliance issues.
CanadaConsumer Protection
Gowling WLG
Gowling WLG
Article

Advance Income Tax Ruling Requests For “major Investments” In Canada To Take Priority

The Canada Revenue Agency has announced a new policy to prioritize advance income tax ruling requests for investments of $1 billion or more in Canada. This initiative aims to provide greater tax certainty and reduce risks for major investors, potentially accelerating large-scale project development and strengthening Canada's economic competitiveness. However, questions remain about implementation timelines and potential impacts on smaller ruling requests.
CanadaTax
Gowling WLG
Gowling WLG
Article

Understanding Canada’s new "Productivity Mega Deduction": Broad-based, immediate, and permanent expensing

Canada's new Productivity Mega Deduction promises to slash the marginal effective tax rate on business investment to just 6.4%, positioning the country as the most competitive G7 nation for capital deployment. This permanent tax incentive extends immediate expensing to roughly 65% of capital assets, fundamentally reshaping the economics of investing in Canadian operations across manufacturing, energy, technology, and resource sectors.
CanadaTax
Gowling WLG
Gowling WLG
Article

Peptides In Canada: Regulatory Reality Is Catching Up With The Hype

Health Canada's recent enforcement action against unauthorized injectable peptides signals a regulatory shift that wellness companies cannot afford to ignore. While peptides dominate influencer marketing and online wellness spaces, their legal status in Canada depends on factors far more complex than social media trends suggest. Understanding how route of administration, therapeutic claims, and market authorization intersect is now critical for compliance.
CanadaConsumer Protection
Gowling WLG
Gowling WLG