The appellant religious order operated a residential school and held a claims-made comprehensive general liability policy.
During the policy period, the appellant became aware of allegations of abuse at the school and notified the insurer of potential future claims.
After the policy expired, numerous former students brought actions.
The insurer denied a duty to defend, arguing the claims were not made during the policy period.
The Supreme Court of Canada held that the policy was unambiguously a claims-made policy.
Because a 'claim' requires the communication of an intention to hold the insured responsible for damages, and no such intention was communicated by the subsequent plaintiffs during the policy period, the insurer had no duty to defend those actions.
