Applicant
Respondent
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
Court of King's Bench ManitobaCase Number
CI 19-01-22803Practice Area
Insurance lawAmount
Winner
ApplicantTrial Start Date
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