Ian M. Mair

This appeal concerned a dog bite injury where the appellants sued the dog owners and the landlords of the property.

The motion judge granted summary judgment to the landlords (Crisols), dismissing the action against them, based on an interpretation of the Dog Owners' Liability Act (DOLA) s. 3(1) that it entirely ousted the Occupiers' Liability Act (OLA) for non-dog owners when a bite occurs on the dog owner's premises.

The Court of Appeal found the motion judge erred in this interpretation, clarifying that DOLA s. 3(1) only determines the liability of the dog owner under DOLA, not precluding OLA or common law claims against other parties.

However, the Court of Appeal upheld the summary judgment dismissal against the landlords on the alternative ground that there was no genuine issue for trial regarding their liability under the OLA or common law, as absentee landlords who had no prior knowledge of the dog's temperament and no responsibility for the dog or its behaviour, and where the injury was not causally linked to any failure in property maintenance or repair.

Capital Sewer Servicing Inc. appealed a Superior Court decision that found it liable to indemnify and defend Crosslinx Transit Solutions Constructors under a subcontract.

The dispute arose from property damage claims by third parties during a light rail transit project.

Capital argued that Crosslinx, by undertaking to provide wrap-up insurance, had assumed the risk of such damages, and that the "hold harmless" clause did not include a duty to defend.

The Court of Appeal dismissed the appeal, affirming that a covenant to insure does not, as a matter of law, automatically transfer risk.

The court emphasized that contractual intent is derived from a holistic reading of the agreement, and found the subcontract's express indemnity provisions, coupled with the mutual intent clause, clearly imposed the obligation on Capital.

The "hold harmless" provision was also found to include a duty to defend, given the broad definition of "Claims" in the contract.