Background:

• Incident: The Empress Hotel building experienced a wall collapse in April 2010 and was destroyed by arson in January 2011.
• Insurance: The building was insured by Intact Insurance Company since 1999.
• Claims: Lalani sued Intact for both incidents. The trial court ruled in favor of Intact for the wall collapse and in favor of Lalani for the fire, awarding nearly $6 million.

Appeals:

• Wall Collapse Appeal: Lalani argued the collapse was covered by the insurance. The Court of Appeal upheld the trial court's decision that it was not a "fortuitous event" under the policy.
• Fire Appeal: Intact challenged the liability ruling. The Court of Appeal upheld the trial court's decision, maintaining Intact's liability for the fire damage.

Key Findings:

1. Wall Collapse:
   • The cause was determined to be water seepage and structural issues, not covered by the policy.
   • Lalani's appeal was dismissed.
2. Fire:
   • Policy amendments excluding arson coverage were invalid without Lalani’s written consent.
   • Intact was estopped from enforcing the vacancy exclusion due to their conduct.
   • Intact's appeal was dismissed, upholding the trial court's decision that Lalani was entitled to nearly $6 million in damages for the fire.

Conclusion:

• The dismissal of both main appeals effectively means neither party fully succeeded in overturning the trial court’s decisions.

Order for costs:

• Intact to pay $5,000 in costs to Lalani ($25,000 for the fire appeal, offset by the $20,000 payable to Intact by Lalani on the wall collapse appeal), and $15,000 in costs to CG&B, both figures all inclusive. Total amount of costs ordered: $20,000