L.S.I. Engineering Limited v. Morales et al., 2026 ONSC 4472 Building a custom home involves more than quality workmanship. It also requires strict compliance with the construction contract, approved …
Seller’s Insurance and Indemnity
You might consider including a provision in the Listing Agreement which covers a number of additional issues, like the following: “The Seller represents and warrants that, throughout the term of …
Revised Listing Agreement Schedule “A” Insurance
Your Listing Agreement could include the following clause: Schedule “A” Seller’s Insurance and Indemnity The Seller warrants that, throughout the term of this Listing Agreement and until all showings, inspections, …
Seller’s Insurance: Do they have to have Insurance?
Let’s look at the clause in the Standard Listing Agreement: 9. INDEMNIFICATION AND INSURANCE: The Seller will not hold the Listing Brokerage and representatives of the Listing Brokerage responsible for …
Tree Trimming
Question: Is the property owner responsible for trimming branches that encroach on other properties? I called the City and they said the owner where branches encroach is free to trim …
Additional Named Insured: Sample Lease Clauses
You will see below are sample “additional named insured” clauses, drafted separately for commercial and residential tenancies. The wording reflects how Courts and insurers actually interpret “additional insured coverage” and …
Waivers of Subrogation: Sample Lease Clauses
Waivers of subrogation are one of the most effective and least controversial—risk-allocation tools available to Landlords and Tenants. Unlike “additional insured” provisions, waivers work by keeping insured losses with the …
Waivers of Subrogation in Ontario Leases
When disputes arise between Landlords and Tenants after a loss, the fight is rarely between the people who signed the lease. It’s between insurers, armed with subrogation rights. Unlike additional …
“Additional Named Insureds” in Ontario Leases
Landlords often ask a deceptively simple question: “Why don’t I just require the tenant to name me as an additional insured on their policy?” In commercial leasing, that question usually …
Title Insurance and the Right of Subrogation
Question: In Ontario, is there a preclusion in the Title Insurance policy with respect to the insurer’s right of subrogation? Answer: In Ontario, there generally is no automatic statutory preclusion in a title insurance …