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Emerging Issue – Insurance Law


The Ontario Court of Appeal dismissed an appeal whereby it found that a pollution exclusion clause within an insurance agreement was unenforceable.  In the case of Construction Distribution & Supply Company Inc. v. Continental Casualty Company (CNA Insurance), 2024 ONCA 405, the appellate court found that the trial judge did not err in interpreting the contract and that the pollution clause did not apply as it was “supported by the purpose of the insurance and the respondent’s reasonable expectations.”  To find out more about the decision, please review the Law360 Canada article here. 

For lawyers seeking further guidance on pollution exclusion clauses in insurance contractions, feel free to review the following materials and sources in the table below.

The Legal Brief is a newsletter focusing on some of the most topical news items and resource recommendations for handling emerging legal issues. Resources referenced below can be downloaded in PDF format or accessed in product for a more integrated experience and extra functionality.

 

Emerging issue Resource In-product link PDF version

Court Rules Pollution Exclusion Clause Invalid in Liquid Chlorine Leak Case

 Appeal Court finds pollution exclusion clause not enforceable in case of liquid chlorine leak Law360 Canada N/A
Insurance Lines for Business Precedent – Practical Guidance and Lexis+ PDF download 
Avenir Asset Purchase Agreement Intelligize - Sample of Continuous Disclosure Document PDF download 
Halsbury’s Laws of Canada – Insurance (2023 Reissue)

HIN-119 What constitutes pollution.		 Lexis+ Canada PDF download 
Sample Factum relating to pollution exclusion (Pleadings, Motions and Facta)

Hemlow Estate v. Co-operators General Insurance Company		 Lexis+ Canada PDF download 
Operators of Manufacturing Site Settle TCE Discharge Claims for $14 million – Sample Pollution Liability Article Mealey’s and Lexis+ PDF download 

 

 

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The Legal Brief is a newsletter exclusive to LexisNexis users. It contains current topical news items and recommendations for handling emerging legal issues. It leverages the full breadth and depth of Lexis Advance® Quicklaw® insights providing links to practical, up-to-date information that can help you prepare for the current legal issues and cases you are working on.