Kelly Hart

The National Gallery brought an application seeking a declaration that its contractor, Lafleur, and Lafleur's insurer, Intact, owed a duty to defend it in two underlying actions arising from a fatal trip and fall by a Lafleur employee on the Gallery's premises.

The court reviewed the commercial general liability policy and the service contract's indemnity provisions.

It found that the underlying claims alleged negligence relating to the design and control of the premises by the Gallery as occupier, independent of any activities by Lafleur.

Furthermore, the policy's exclusions for workers' compensation and employer's liability applied.

The application was dismissed, as neither respondent owed a duty to defend.

The defendant brought a motion seeking to discharge a certificate of pending litigation registered against disputed lands, to require the plaintiff to pay $300,000 into court in exchange for the certificate, and to compel answers and undertakings arising from examinations for discovery.

Due to time constraints, the motion proceeded only on the refusals and undertakings issues.

The court reviewed the disputed discovery questions and ordered several further and better answers, production of the plaintiff’s current insurance policy, and additional itemized responses regarding claimed expenditures and work performed on the property.

Some requests were found premature, while others required re‑attendance at discovery.

The balance of the relief sought was adjourned to a later date, with costs reserved.