Is subrogation permitted against contractors and subcontractors?
Yukon, Canada
The following excerpt is from Yukon Energy Corporation v. Narrow Gauge Contracting Limited, et al., 2010 YKSC 38 (CanLII):
It is significant in my view that the court considered it a general common law principle that subrogation is not permitted against contractors and subcontractors. However, as stated in Somersall v. Friedman, 2002 SCC 59, at para. 56, equitable insurance principles of subrogation may be altered by the terms of the contract between the parties.
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