In Prosperity Electric v. Aviva Insurance Company of Canada, 2021 BCCA 237, Prosperity Electric ("Prosperity") appealed a trial decision where its indemnity claim against its property insurer was dismissed on the basis that there had been no damage to certain of its insured property.
Prosperity was in the business of selling lighting fixtures. In November 2018, a fire broke out in a common hallway adjacent to premises leased by Prosperity. The fire did not spread to Prosperity's premises; however, both floors of its premises were affected by the entry of smoke and the deposit of soot. Prosperity claimed that certain lighting fixtures on the second floor of its premises had been contaminated by residue attributable to the fire.
The insurer had a sample of the lighting fixtures tested. The testing...
