indemnity

Resolute v Ontario: Corporations no longer indemnified from provincial order to remediate mercury contamination 

Contractual Interpretation and Indemnity for Environmental Damage in Grassy Narrows

On 28 March 2019, the Supreme Court of Canada (“SCC”) will hear Resolute FP Canada Inc, et al v Ontario (Attorney General), 37985, an appeal of a lengthy 270-paragraph decision from the Court of Appeal of Ontario (“ONCA”) of Weyerhaeuser Company Limited v Ontario (Attorney General), 2017 ONCA 1007 [Weyerhaeuser]. At first glance, Weyerhaeuser appears […]

DCC 45 v Swan: Drawing Key Distinctions between the Duties of Loyalty and Care

Durham Condominium Corporation No. 45 v  Leslie Arthur Swan, 2015 ONCA 590 [Swan] is a brief case that raises key issues around board members’ statutory and contractual entitlements to be indemnified for legal liability and costs personally incurred in the course of duty. However, the issue that stands at the forefront of this case concerns […]