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‘waiver of subrogation’ ‘Canada’ ‘Candian law’ ‘Cummer-Yonge Investments Ltd. v. Agnew Surpass Shoe Stores Ltd.’ ‘Smith v. T. Eaton Co.’ ‘Ross Southwood Tire Ltd. v. Pyrotech Products Ltd.’
You have a fire loss at a commercial premise, and the insured’s tenant is clearly at fault for the same. Is there subrogation?  Not so fast, preparing that demand or settlement brief may be premature as there may be language in the lease precluding subrogation against the tenant. In a trilogy of cases, the Supreme Court of Canada...