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ARTICLE · 24 APRIL 2012

On-Risk E-Bulletin @ Gowlings: April 17, 2012 - Volume 10, Number 2

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The vast majority of media attention on the nuclear liability regime in Canada focuses on the passage of Bill C-15 ("The Nuclear Liability and Compensation Act").

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In this issue:

  • Don't Change the Channel(ing): Time to Revisit the Nuclear Liability Exclusion
  • Revisiting the Duty to Defend:  A Case Comment on 137328 Canada Inc. v. Economical Mutual Insurance Company



DON'T CHANGE THE CHANNEL(ING): TIME TO REVISIT THE NUCLEAR LIABILITY EXCLUSION

By: Heather Gray

The vast majority of media attention on the nuclear liability regime in Canada focuses on the passage of Bill C-15 (The Nuclear Liability and Compensation Act). Bill C-15, which died on the order paper at the end of the last Parliament, was the Government's fourth attempt to enact legislation that would, among other things, increase the liability of nuclear operators from $75 million to $650 million. What has received little media attention is the corollary of any increase to an operator's liability – that is, an increased need for insurance coverage and market capacity.

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