Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 11 MARCH 2011

Supreme Court Clarifies When Insurance Must Respond To Defend Construction Deficiency Claims

Blaney McMurtry LLP
Blaney McMurtry LLP
Contributor
Explore more from Blaney McMurtry LLP

In Progressive Homes Ltd. v. Lombard General Insurance Co., 2010, S.C.C. 33, the Supreme Court of Canada recently ruled on an insurer’s duty to defend a general contractor in the context of a construction deficiency claim.

CanadaInsurance
Blaney McMurtry LLP
Blaney McMurtry LLP
Author LinkedIn connections

In Progressive Homes Ltd. v. Lombard General Insurance Co., 2010, S.C.C. 33, the Supreme Court of Canada recently ruled on an insurer's duty to defend a general contractor in the context of a construction deficiency claim. These cases often involve the decay of, or damage to, interior building component parts after the failure of an exterior cladding system, or portions of it. The S.C.C. ruling settled differences among provincial appellate decisions when considering the coverage of such claims under a Comprehensive General Liability ("CGL") insurance policy. The Progressive Homes decision provided some guidance on the interpretation of policy definitions of "property damage", "accident", "occurrence", and the "work performed" exclusion.

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

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

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

Ontario's New Road Safety Measure, And What It Means To Your Insurance Rates

If you put winter tires on your car this winter, your insurance company owes you a discount. The announcement was made by the Ontario government on October 14, 2015. As of January 1, 2016, all insurance companies operating in Ontario are required to provide a discount to their policyholders using winter tires. The announcement was made by the Ontario government on October 14, 2015. As of January 1, 2016, all insurance companies operating in Ontario are required to provide a discount to their
CanadaInsurance
Lerners LLP
Lerners LLP
Article

Insurtechs: Canada's Draft Regulations Could Make Insurers Bigger Investors And Partners

Canada's Department of Finance has released draft regulations that could transform how federally regulated insurers invest in and partner with insurtechs. The proposed framework would allow insurers to acquire control of businesses deriving at least 60% of revenue from financial services activities, potentially opening new capital and partnership opportunities for technology-focused insurance companies.
CanadaInsurance
Gowling WLG
Gowling WLG
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

Employment Update: Ontario Workforce Priority Stream - New Ontario Immigrant Nominee Program

Ontario has launched a major overhaul of its Provincial Nominee Program, consolidating eight immigration streams into four and introducing the new Ontario Workforce Priority Stream with updated eligibility requirements. The changes expand access to workers across all skill levels while implementing stricter employer compliance measures and a redesigned Expression of Interest scoring system that prioritizes labour market integration factors.
CanadaImmigration
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Employment Update: The Court Of Appeal Provides Guidance On The Forfeiture Of Equity Incentives Upon Dismissal

When an Ontario employer terminates an employee holding unvested Restricted Stock Units, can forfeiture clauses in equity agreements lawfully eliminate the employee's right to continued vesting during the statutory notice period? The Ontario Court of Appeal's decision in Wigdor v. Facebook Canada Ltd. addresses this critical question, examining whether such provisions impermissibly contract out of Employment Standards Act protections and what financial consequences employers face when equity forfeiture term
CanadaEmployment and HR
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Court Of Appeal Summaries (July 13 – 17, 2026)

The Ontario Court of Appeal issued four significant decisions addressing construction liens, labour picketing injunctions, and residential tenancy terminations. These rulings clarify holdback priority calculations under the Construction Act, establish when labour dispute notice requirements apply to secondary picketing, and reinforce mandatory disclosure obligations for landlord's own use evictions under the Residential Tenancies Act.
CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
Blaney McMurtry LLP
Article

Court Of Appeal Summaries (September 7 – 11, 2026)

This comprehensive summary examines six significant civil decisions from the Ontario Court of Appeal, addressing critical issues in cyber insurance coverage, wrongful dismissal, real estate commission disputes, and municipal election compliance. The cases establish important precedents on contract interpretation standards, successor employer liability, and the scope of public oversight in campaign finance audits.
CanadaLitigation, Mediation & Arbitration
Blaney McMurtry LLP
Blaney McMurtry LLP