What is the test for a waiver of subrogation clause?
Alberta, Canada
The following excerpt is from Condominium Corporation No. 9813678 v. Statesman Corporation, 2007 ABCA 216 (CanLII):
There is an additional problem with implying a term to limit an express wide waiver-of-subrogation clause to allow subrogation after payment by the insurer in unusual circumstances. That is that the subrogated suit also arises in unusual circumstances, equally hard to foresee. The parties can scarcely have assumed such an exception. See Larson-Juhl v. Jaywest [2001] N.S.W.C.A. 260.
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