Newsletters

October 24, 2018

293

The “care, custody or control” exclusion clause, as reviewed and discussed by the Supreme Court of Canada

A hotel operator offers travellers to park their car in its parking lot while they’re on their winter vacation. A car is stolen while its owner is away. The hotel operator’s liability is at stake. Must one conclude that the car was under its care, which would deprive it of insurance coverage under the “care, custody and control” clause?

That is what the Supreme Court of Canada’s had to decide in 3091‑5177 Québec inc. (Éconolodge Aéroport) v. Lombard General Insurance Co. of Canada, 2018 SCC 43, released on October 19.

Click here to read more (PDF).

See also Mr. Henry’s comments on the Court of Appeal’s decision.

293

Authors

Patrick Henry

Lawyer, Partner

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