SUBROGATION: BASIC PRINCIPLES, EMERGING TRENDS …

subrogation : BASIC principles , EMERGING TRENDS AND practical CONSIDERATIONS Prepared by: John M. Moshonas, John A. Vamplew and Sean R. Lerner February 2006 I. WHOSE CLAIM IS IT ANYWAY? A. ORIGIN AND BASIS OF subrogation B. STATUTORY MODIFICATION OF subrogation principles C. APPORTIONMENT OF PROCEEDS: COMPROMISED CLAIMS D. subrogation AGREEMENTS II. WAIVER OF subrogation A. LANDLORD AND TENANT: WAIVER OF subrogation UNDER A LEASE 1. The Supreme Court of Canada trilogy 2. The decline of the trilogy 3. The trilogy strikes back B. CONTRACTOR AND SUB-CONTRACTOR: WAIVER OF subrogation UNDER A BUILDER S RISK INSURANCE POLICY 1. The origin of waiver of subrogation in construction cases 2. Expanding the scope of waiver of subrogation in construction cases 3. Waiver of subrogation in construction cases in the absence of insurance - 2 -4. Summary C. STRATA CORPORATION AND OWNER: WAIVER OF subrogation UNDER THE STRATA PROPERTY ACT 1. The legislative framework under the Strata Property Act 2.

SUBROGATION: BASIC PRINCIPLES, EMERGING TRENDS AND PRACTICAL CONSIDERATIONS Prepared by: John M. Moshonas, John A. Vamplew and Sean R. Lerner

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  Basics, Principles, Practical, Trends, Emerging, Subrogation, Basic principles, Emerging trends, Emerging trends and practical

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