2 total
Township's 45% liability for negligent building inspection upheld, but damages award set aside and remitted.
The appellant Township appealed a trial decision finding it 45% liable for damages resulting from a negligently installed solar panel array on the respondents' barn.
The Township admitted negligence in failing to have an engineer inspect the installation before closing the building permit, but argued its liability should be lower and challenged the quantum of damages.
The Court of Appeal upheld the 45% apportionment of liability, finding no palpable and overriding error.
However, the Court allowed the appeal regarding the quantum of damages, finding the trial judge made material errors in adopting the respondents' expert's estimate, including double-counting truss repair costs.
The matter was remitted to the Superior Court for a reassessment of damages.
The Court of Appeal upheld the summary dismissal of a bakery's insurance claim for power outage losses based on clear policy exclusions.
The appellant, a commercial bakery, appealed a summary judgment dismissal of its insurance claim against Intact Insurance Company for losses resulting from a power outage caused by an ice storm in December 2013.
The losses claimed included stock spoilage and business interruption.
The motion judge found that exclusionary clauses in the insurance policy precluded coverage because the loss or damage to electrical transmission lines or distribution lines was not located on the appellant's premises.
The Court of Appeal upheld the summary judgment, finding no error in the motion judge's interpretation of the policy and rejecting the appellant's arguments regarding partial summary judgment principles and the need for expert evidence.
