Bois v. Ron's Burner Services Ltd. [2004] O.J. No. 5788

Date of Decision: February 02, 2004

Case Summary:
We represented an insurer in a subrogated action seeking recovery of payments made to its insured as a result of a fire which destroyed substantial portion of his residence and his workshop. The subrogating insurer alleged the fire was caused by the furnace technician’s failure to properly inspect and clean the furnace of the premises. The trial judge agreed accepting the expert evidence in this regard and granted judgment accordingly. The trial judge rejected the defendant’s allegation of spoliation notwithstanding the fact the furnace was not available to the defendant for inspection.


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