Lloyd's Law Reports

Professor Robert Merkin KC; Dr Johanna Hjalmarsson

Document

FRASER RIVER PILE & DREDGE LTD. v. CAN-DIVE SERVICES LTD.

[2000] 1 Lloyd's Rep. 199

SUPREME COURTOF CANADA

Before Gonthier, Cory, McLachlin, Iacobucci, Major, Bastarache and Binnie, JJ.

Contract - Privity - Doctrine of principled exception to privity of contract - Insurance policy included waiver of subrogation - Charterers included as additional insureds - Charterers negligent in sinking of barge - Barge owners recovered under policy - Claim against charterers - Whether charterers as third party beneficiaries could rely on waiver of subrogation - Whether doctrine of principled exception to privity of contract applied.

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