Sheldon Ivor Erentzen

The defendant, Mer Mechanical Inc., moved for summary judgment, arguing that the plaintiffs' subrogated claim was barred by a builder's risk policy with a waiver of subrogation.

The policy covered "occurrence" if the "inception of the event causing the loss" occurred during the coverage period.

The loss resulted from a faucet detachment after the policy expired, which the defendant attributed to "creep/stress relaxation" during installation.

The court dismissed the motion, finding that the "inception of the event" (faucet detachment) occurred after the policy expired, distinguishing it from the "cause" (improper installation).

The court emphasized that builder's risk policies primarily cover ongoing construction, and the insurable interest ceases upon project completion.

The plaintiff brought a motion to amend the statement of claim to substitute the correct limousine company and driver as defendants after initially naming the wrong company and a John Doe driver.

The proposed defendants opposed the amendment on the basis that the limitation period had expired.

The court considered whether the amendment constituted the correction of a misnomer under s. 21(2) of the Limitations Act, 2002.

Finding that the statement of claim clearly intended to sue the owner and driver of the limousine involved in the accident and that the insurer for both entities had knowledge of the claim, the court held the amendment corrected a misdescription rather than adding a new party.

The court also declined to exercise its discretion to refuse the amendment, finding no inordinate delay and no prejudice to the responding parties.