In November 2025, the Ontario Superior Court of Justic found that an alleged trip and fall incident at a restaurant and inn where a wedding was being hosted did not cover liability to a photographer who fell as a result of pre-existing defects on a ramp/pathway over which the principal named insured had no control or responsibility. The photographer was not photographing the wedding at the time and his mere presence at the property to work at the wedding was not sufficient to establish the required connection to the “activities or operations” of the hosting of the wedding.

The named insured on the event insurance policy was the groom at the wedding. The venue was listed as an additional insured but was only covered in respect to the liability arising out of the groom’s hosting of the wedding. The policy required the insurers to provide a defence and to indemnify the wedding venue but only with respect to the activities and operations conducted by the groom. The terms “hosting”, “activities”, and “operations” were not defined in the policy.

The court found that there was no ambiguity in the policy wording. The event insurance policy did not require the insurers to provide a defence to nor indemnify the venue for its liability to the photographer for any damages proved by him. The bride and groom were not expected to inspect the premises before the event nor was there any expectation that the bride and groom would be responsible for alerting the venue of any potential trip hazards. The venue was solely responsible for pathways and to identify potential trip hazards on the premises. Hence the court’s conclusion that the claim did not arise from the activities and operations conducted by the named insured nor their hosting of the event. The liability of the venue was independent of any insured liability arising from the hosting of the wedding.

A similar decision should be reached in South Africa. Liability arises from the circumstances creating the liability. The relevant circumstance in this case was defective premises unconnected with the event.

van Daele v Waring House and Co-operators General Insurance Company 2025 ONSC 6687