JDC Ltd. et al v. CAW Ltd et al.

This case involves a large fire that occurred in the Port of Oshawa. The Plaintiff, who was the owner of the property, was claiming over $10 million in damages. The Defendant, the tenant at the time of the fire, was relying on, among other things, a covenant to insure contained in the lease, taking the position the covenant to insure would bar the Plaintiff’s case completely. The case also included claims of negligence, breach of contract, causation and damages. Justice Carole Browne agreed with the Defendant and found that the Defendant was successful on all issues. The decision includes key issues and law including covenants to insure, contractual and lease interpretation and contra proferentem, effect of a guilty plea in a related proceeding, causation, and principles of damages including whether repair/restoration value is payable, and deductibility of insurance monies. A great result for our client!