Firm Cases

In Infinity Construction Inc. v. Skyline Executive Acquisitions Inc. et al., argued by McCague Borlack LLP, judgment was granted for the full amount in favour of, MB client, Infinity.

The issues at trial pertained to the amount owed by Skyline to Infinity, the applicable interest rate, and the interest accrual date.

This matter arose out of a tragic motor vehicle accident that occurred in the Region of Durham during a long winter storm. Durham contracted out the winter maintenance of its roads to Miller Maintenance Ltd. with the requirement that Miller obtain a Comprehensive General Liability (CGL) policy of insurance for public liability and property damage naming Durham as an additional insured. Pursuant to the contract however, the CGL only insured Durham “in respect of all operations performed by or on behalf of Miller” and did not include damages caused by the negligence of Durham or its employees.

The main issue in this motion was whether Zurich was contractually obligated to indemnify Durham for the claims alleged by the plaintiffs.