Indemnity

From Riverview Legal Group


Lappin v. Barrie (City), 2008 CanLII 9373 (ON SC)

[19] However the phrase "indemnify and save harmless" is retrospective not prospective. Black's Law Dictionary (7th ed.) defines "indemnity" as:

A duty to make good any loss, damage, or liability incurred by another. 2. the right of an injured party to claim reimbursement for its loss, damage, or liability from a person who has such duty. 2008 CanLII 9373 (ON SC)

[20] The phrase "indemnity clause" in that publication is equated to "hold harmless clause", making the second half of the phrase in clause 2.11 of the contract superfluous.