Tag Archives: Ontario Supreme Court of Justice

Nothing but the kitchen sink: tort immunity and covenants to insure

In its recent decision in William Osler Health Centre v. Compass Construction et al., 2015 ONSC 3959, the Ontario Superior Court of Justice considered the scope of tort immunity arising from a covenant to insure in a CCDC 2 Contract (the “Contract”). Generally, tort immunity acts to prevent a party who covenants to insure another party from suing the other party for the losses which are insured. In this case, the Court considered whether the covenant to insure and related tort immunity extended only to the portion of the subject property that was under renovation or whether it extended to other parts of the subject property that were damaged in the course of construction. 

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