Ryan, Q.C., wins
Louis St. Laurent Award
CCCL Fellow and Past
President William (Mick) Ryan, Q.C., of Stewart
McKelvey in Halifax is the recipient of the Canadian
Bar Association’s (CBA) 2015 Louis St. Laurent Award
of Excellence that recognizes distinguished or
exceptional service to the objectives and goals of
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for this significant achievement!
Case Comment, February 2015
for Unexpected and Unintended Events versus
Exclusion of Faulty Workmanship and Design
by David Miachika, P.Eng., LL.B.
© 2014 David Miachika and
Canada Inc. v. Allianz Global Risks US Insurance Company et
al, 2014 BCSC
This recent British Columbia case
interprets a standard exclusion clause in a Course of
Construction (COC) Policy for the first time: It also
clarifies the requirement of an unexpected or unintended
loss and the definition of ‘damage’ under a course of
construction (COC) policy.
In Acciona, the
Project was a $250 million P3 hospital extension of the
Royal Jubilee Hospital in Victoria, BC. The Project was an
eight storey concrete structure, comprising four wings
connected to a central core. The structural design was
complex with each floor consisting of thin suspended slabs
(250 mm thick) with large spans (over 9 m). During
construction, the slabs “over deflected,” which resulted in
the slabs throughout the facility not being level as
planned. The slabs required extensive remediation to meet
the Project’s serviceability requirements of level floors.
The Design/Build Contractor of the Project commenced the
action, after being denied coverage for its claim for all
remedial costs under the Project’s COC Policy.
The Court’s Key Findings
The Court found that the
contractors had established coverage under the insuring
agreement. In particular, the Court determined that the
over deflection and cracking of the concrete slabs
constituted damage that was unexpected or unintended and as
such fell under the Perils Insured clause in the Policy.
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At the Annual
General Meeting of the Canadian College of
Construction Lawyers, Mr. Richard A. Shaban
of Borden Ladner Gervais LLP (“BLG”) was
elected President of the College for the current
year, replacing outgoing president Mr. Derek
Brindle, Q.C. Mr. Shaban is a senior partner and
past regional leader of
BLG’s Construction and Engineering Group. He
specializes exclusively in the areas of
procurement, construction and surety law,
including construction contracts and project
delivery methods, public infrastructure renewal,
dispute resolution, liens, construction
insurance and surety bonds.
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New Edition of the Journal of Canadian
Construction Lawyers 2014 (May), edited by
Matthew R. Alter, is now available.
Click for more information.