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Blog: The Supreme Court of Canada Overturns Ontario's Interpretation fo the Great Lakes Indemnity Clause


By Michael Barbero and Katherine Hagan, Student-At-Law

On December 6, 2019, the Supreme Court of Canada released its decision in R. v Resolute FP Canada Inc, 2019 SCC 60. In a 4-3 decision, the Supreme Court overturned the Ontario Court of Appeal’s decision, with the majority finding that a contractual indemnity was limited to pollution claims advanced by third parties and could not be relied upon by a “first party” in the face of an order for remediation from the provincial authority. 

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