Tag Archives: Henry Patrick

The “care, custody or control” exclusion clause, as reviewed and discussed by the Supreme Court of Canada

In 2005 and 2006, Éconolodge was offering travellers a fixed price package that included parking, a night’s stay, breakfast, and shule transportaon to the neighbouring airport. The package was especially popular during winter, when the lure of southern sun and warmth is irresisble to many. In January 2005, however, such a customer’s vacaon ended abruptly when he found out that his car was missing when he returned to the hotel. Aer paying compensaon for the loss, his insurer filed a subrogated claim against the hotel, holding it liable for the loss of the vehicle. The hotel called in warranty Lombard, its own liability insurer, who denied coverage under the “care, custody or control” exclusion.

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