Wal-Mart Canada Corporation moved for summary judgment on its crossclaim against United Services Group, alleging breach of a facilities maintenance agreement.
Wal-Mart claimed United failed to name it as an additional insured on a liability policy, seeking defence costs and indemnification after the plaintiff slipped and fell at the premises.
The court granted partial summary judgment, finding that United breached the agreement by failing to name Wal-Mart as an additional insured, which would have triggered a duty to defend.
However, the court determined that the issue of United's duty to indemnify Wal-Mart and the quantification of damages required a trial, as it was premature to conclude whether the plaintiff's fall directly arose from United's specific contractual cleaning obligations.
