The plaintiff sued the defendant telecommunications company after tripping over an unburied cable installed at her residence.
The defendant brought a motion for summary judgment against its third-party installation subcontractor, seeking full indemnity for damages and defence costs based on a contractual indemnity clause.
The court found that while the subcontractor had complied with its obligation to obtain insurance, the pleadings included allegations of negligent cable placement that fell within the scope of the indemnity provision.
The court ordered the third party to pay 50% of the defendant's past and future defence costs, but held that determining indemnity for damages was premature.
