Home > News Archive > August 2009 > Supreme Court of Canada Grants Leave to Appeal Progressive Homes Decision

Supreme Court of Canada Grants Leave to Appeal Progressive Homes

The Supreme Court of Canada today granted leave to appeal the decision of the British Columbia Court of Appeal in Progressive Homes Ltd. v. Lombard General Insurance Co., 2009 BCCA 439.

As described in our Insurance Law Update last April, the Court of Appeal confirmed that a general contractor could not obtain coverage under its commercial general liability for property damage allegedly arising from faulty or defective workmanship.

Different lines of authority have developed on this issue in British Columbia and Ontario, respectively.  The insurance and construction industries will no doubt await the Supreme Court's ultimate decision in this case with interest.  We'll keep you posted.

Dolden Wallace Folick LLP