Osborne Towers Ltd. et al v. Aviva Insurance Company of Canada et al.
Osborne Towers Ltd.
Law Firm / Organization
MLT Aikins LLP
Shelter Canadian Properties Limited
Law Firm / Organization
MLT Aikins LLP
Aviva Insurance Company of Canada
Law Firm / Organization
Fillmore Riley LLP
Lawyer(s)

Charles A. Sherbo

Allianz Global Risks US Insurance Company
Law Firm / Organization
Fillmore Riley LLP
Lawyer(s)

Charles A. Sherbo

Royal & Sun Alliance Insurance Company of Canada
Law Firm / Organization
Fillmore Riley LLP
Lawyer(s)

Charles A. Sherbo

Starr Insurance & Reinsurance Limited
Law Firm / Organization
Fillmore Riley LLP
Lawyer(s)

Charles A. Sherbo

Lloyd’s Qbe Services Inc.
Law Firm / Organization
Fillmore Riley LLP
Lawyer(s)

Charles A. Sherbo

Syndicates 2003 at Lloyd’s Per Catlin Canada
Law Firm / Organization
Fillmore Riley LLP
Lawyer(s)

Charles A. Sherbo

Temple Insurance Company
Law Firm / Organization
Fillmore Riley LLP
Lawyer(s)

Charles A. Sherbo

  • Facts: Osborne Towers Ltd. needed to perform extensive repairs after a vehicle collided with their building, causing structural damage. Their insurance policy with Aviva included a "By-Law" endorsement covering costs to bring the building up to code during repairs.

  • Issue: Dispute over whether Aviva should cover the costs of additional building code upgrades required by the city, which were not directly related to the accident's damage but were necessitated by the repair work.

  • Court's Ruling: The court ruled in favor of Osborne Towers, finding that the "By-Law" endorsement required Aviva to cover the costs of all building upgrades mandated by the city's building codes as a result of the repair work, not just those directly related to the damage caused by the accident.

  • Costs/Damages Awarded: The court awarded Osborne Towers Ltd. damages to cover the costs of the required building code upgrades, as well as legal costs, though the specific amounts are not detailed in the summary provided.

Court of King's Bench Manitoba
CI 19-01-22803
Insurance law
Applicant