Negotiating Indemnity Clauses - Stewart McKelvey
Negotiating Indemnity Clauses - Stewart McKelvey
Negotiating Indemnity Clauses - Stewart McKelvey
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NEGOTIATING INDEMNITY<br />
CLAUSES<br />
To Indemnify or Not<br />
Damages vs. <strong>Indemnity</strong><br />
“A right to recover damages is a legal right in favor of a plaintiff to be<br />
compensated by a defendant for injuries recognized at law, which were<br />
suffered by the plaintiff as a result of the wrongful conduct of the<br />
defendant. A right of indemnity may exist where the plaintiff has<br />
suffered no injury at the hands of the person who is obliged to<br />
indemnify, and even where the wrong giving rise to the claim for<br />
indemnity was committed by some third party, or where no wrong<br />
has been committed by any person but the indemnifier is nonetheless<br />
obliged to make good a loss which has been suffered by the claimant.”<br />
Halsbury’s s Laws of Canada, 1 st ed. Guarantee and <strong>Indemnity</strong> (Canada: Lexus Nexus Canada Inc., 2010) at 374 [hereafter Halsbury’s]<br />
s]<br />
65 2013 Construction Seminar<br />
© 2013 <strong>Stewart</strong> <strong>McKelvey</strong> all rights reserved
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