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Jacobs v. Leboeuf Properties Inc., 2019 ONCA 551 (CanLII)

2019-06-28 |

Court of Appeal for Ontario

Here, a new-home builder had required the homeowner, in its form of contract, to obtain “all-risks” insurance coverage for “damage resulting from defective design, workmanship or material”. We acted for the homeowner and successfully appealed from a motion decision which had held that the homeowner undertaken in the contract to insure the contractor against its own deficiencies, such that the contractor could refuse to correct them and require the homeowner to call on his insurance, instead.