The appellant owned a shopping centre where the respondents' employer was a tenant.
A fire caused by the respondents' negligence destroyed part of the centre.
The lease between the appellant and the employer contained insurance provisions that protected the employer from subrogated claims.
The appellant sued the respondents for negligence.
The Supreme Court of Canada held that the respondents, as employees, were not parties to the lease and could not rely on its insurance provisions to shield themselves from liability, applying the doctrine of privity of contract.
