Background:
In 2015, a ruptured methane gas line during construction at the Bow River Seniors Lodge in Canmore, Alberta, caused an explosion, leading to property damage. This incident sparked over 90 lawsuits involving multiple parties (Canmore Actions). APM Construction Services Inc. (APM), the general contractor, sought defense coverage as an "Additional Insured" under a policy issued by Co-Operators General Insurance Company (Co-Operators) to a subcontractor, DCR Construction Inc. RSA, APM’s insurer, argued Co-Operators was obligated to contribute to defense costs.

Issues:

1. Does Co-Operators owe APM a duty to defend?
2. Should this issue be resolved summarily or deferred to trial?

Court’s Findings:

1. The Duty to Defend Application could not be decided summarily due to unresolved issues, including whether APM was properly added as an "Additional Insured" under DCR’s policy and the legal effect of the insurance certificate.
2. The matter is adjourned to trial and will be decided concurrently or consecutively with the Canmore Actions to avoid duplication and ensure procedural efficiency.

Procedural Notes:

• RSA is currently defending APM, minimizing immediate prejudice.
• The court emphasized that a premature decision could risk unintended effects on the broader Canmore Actions.

Conclusion:
The application for a declaration of Co-Operators’ duty to defend was deferred to trial, with procedural directions issued to integrate the Duty to Defend Application into the larger litigation. No party was fully successful in this stage of the proceedings. The court’s decision does not specify a monetary award