Cain v. 1150320 Ontario Inc. c.o.b. as the Antique Shoppe 2012 O.N.S.C. 3018, 2012 O.N.C.A. 920 Cain v. The Antique Shoppe, is the most recent Ontario Court of Appeal decision on covenants to insure. In Cain, the issue was whether a commercial lease agreement between a landlord and tenant contained either an express or implied covenant to insure in favour of the landlord against loss arising out of an oil spill allegedly caused by the tenant on the leased premises such that it would allow the landlord to bring a subrogated action against the tenant. At the Superior Court, Justice Metivier found that the terms of the lease did not contain any exceptions that could absolve the tenant of liability for its own negligence and concluded that the landlord’s action against its tenant was not barred based on the wording of the lease. The Ontario Court of Appeal set aside the ruling of Justice Metivier, finding that it was unclear whether the lease contained a covenant to insure in favour of the landlord for the loss claimed. Although the Court of Appeal did not comment on whether the landlord’s subrogated claim against the tenant was barred, the Court allowed for this possibility.