R. Squires

The applicant security company sought a declaration that it was an additional insured under a builder's risk insurance policy issued by the respondent to a construction company.

The applicant provided security services at a construction site that was vandalized and set on fire, leading to an underlying negligence action against the applicant.

The applicant argued it was a 'supplier' under the policy.

The court dismissed the application, finding that the plain and ordinary meaning of the policy clearly excluded suppliers who perform no construction work, thereby excluding the applicant.

The plaintiff brought a motion to restore his action to the trial list after it was struck for delay.

The action, which arose from a 2012 incident alleging anti-Black racism during a fraud investigation, had been administratively dismissed in 2019 and struck from the trial list in 2020.

The court found that the plaintiff failed to provide an acceptable explanation for the extensive delays, which were largely due to counsel's inattention.

Furthermore, the court held that the defendants would suffer prejudice due to fading memories over the ten-year period since the incident.

The motion was denied and the action was dismissed.