The defendant, Lloyd's Underwriters, brought a motion for summary judgment to dismiss an action by the plaintiff, 2689686 Ontario Inc., concerning a roof collapse at a property insured under a Builder's Risk policy.
The court found that the loss was caused by frost and heaving, a peril explicitly excluded by the policy.
The plaintiff failed to provide sufficient evidence to counter the defendant's expert opinion or establish an exception to the exclusion.
Consequently, the court granted summary judgment, dismissing the action against Lloyd's Underwriters.
