852819 Alberta Ltd v Sovereign General Insurance Company, 2017 ABCA 76

JudgeSchutz,Slatter,Paperny
CourtCourt of Appeal (Alberta)
Subject MatterBUILDING CONTRACTS,INSURANCE,CONTRACTS
Date03 March 2017
Docket Number1603-0119-AC
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5 practice notes
  • Defence & Indemnity - April 2017
    • Canada
    • Mondaq Canada
    • 10 Mayo 2017
    ...only discovered as a result of the peril, such as building by-law compliance. 852819 Alberta Ltd v Sovereign General Insurance Company, 2017 ABCA 76 Facts and The insured's building suffered ice damage and the Defendant insurer paid to have the damaged portions of the roof repaired. Subsequ......
  • Bowness Real Estate Corp v AXA Pacific Insurance Company, 2020 ABQB 327
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 20 Mayo 2020
    ...In 954470 Alberta Ltd (Centre South) v Sovereign General Insurance Co, 2016 ABQB 185, rev’d on other grounds 2017 ABCA 76, leave to appeal to SCC denied 37549 (10 August 2017), Manderscheid J considered the meaning of faulty or improper material and at para 154 In my view, Justice Bi......
  • Discovered Damage: Bylaw Coverage And The Principles In Roth v Economical Mutual Insurance Co.
    • Canada
    • Mondaq Canada
    • 1 Febrero 2019
    ...to replace Roth's shop. The Court's reasoning in the Roth case was later followed in 852819 Albert Ltd. v Sovereign General Insurance Co., 2017 ABCA 76. The limits to the application of bylaw coverage endorsements discussed in Roth may not come into play often, but when they do the implicat......
  • Building Warranty Or Insurance? Recent Alberta Jurisprudence On Standard By-Law Endorsement
    • Canada
    • Mondaq Canada
    • 11 Enero 2018
    ...denied leave to appeal in respect of the Alberta Court of Appeal's decision in 852819 Alberta Ltd v Sovereign General Insurance Company, 2017 ABCA 76, leave to appeal denied 2017 CanLII 51468 (SCC) ("852819 Alberta"), which provides much needed clarification regarding the interpretation of ......
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1 cases
  • Bowness Real Estate Corp v AXA Pacific Insurance Company, 2020 ABQB 327
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • 20 Mayo 2020
    ...In 954470 Alberta Ltd (Centre South) v Sovereign General Insurance Co, 2016 ABQB 185, rev’d on other grounds 2017 ABCA 76, leave to appeal to SCC denied 37549 (10 August 2017), Manderscheid J considered the meaning of faulty or improper material and at para 154 In my view, Justice Bi......
4 firm's commentaries
  • Defence & Indemnity - April 2017
    • Canada
    • Mondaq Canada
    • 10 Mayo 2017
    ...only discovered as a result of the peril, such as building by-law compliance. 852819 Alberta Ltd v Sovereign General Insurance Company, 2017 ABCA 76 Facts and The insured's building suffered ice damage and the Defendant insurer paid to have the damaged portions of the roof repaired. Subsequ......
  • Discovered Damage: Bylaw Coverage And The Principles In Roth v Economical Mutual Insurance Co.
    • Canada
    • Mondaq Canada
    • 1 Febrero 2019
    ...to replace Roth's shop. The Court's reasoning in the Roth case was later followed in 852819 Albert Ltd. v Sovereign General Insurance Co., 2017 ABCA 76. The limits to the application of bylaw coverage endorsements discussed in Roth may not come into play often, but when they do the implicat......
  • Building Warranty Or Insurance? Recent Alberta Jurisprudence On Standard By-Law Endorsement
    • Canada
    • Mondaq Canada
    • 11 Enero 2018
    ...denied leave to appeal in respect of the Alberta Court of Appeal's decision in 852819 Alberta Ltd v Sovereign General Insurance Company, 2017 ABCA 76, leave to appeal denied 2017 CanLII 51468 (SCC) ("852819 Alberta"), which provides much needed clarification regarding the interpretation of ......
  • Defence & Indemnity - An Analysis of Insurance Case Law and Legislation - April 2017
    • Canada
    • JD Supra Canada
    • 16 Mayo 2017
    ...only discovered as a result of the peril, such as building by-law compliance. 852819 ALBERTA LTD V SOVEREIGN GENERAL INSURANCE COMPANY, 2017 ABCA 76 [4219] - PAGE B. Where a claimant pleads an intentional act as negligence, in the context of an exclusion clause for intentional acts, the cla......

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