Supreme Court of Canada
Renaud v. United Provinces Insurance Co., [1978] 1 S.C.R. 818
Date: 1977-11-08
Maurice Renaud (Plaintiff in warranty) Appellant;
and
United Provinces Insurance Company (Defendant in warranty) Respondent.
1977: November 8.
Present: Laskin C.J. and Pigeon, Dickson, Beetz and Pratte JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC
Insurance—Insured involved in accident while travelling with five passengers in van—Vehicle intended for transportation of goods—Not in category of private cars, station-wagons and buses—Exclusion of the insurance coverage.
APPEAL from a judgment of the Court of Appeal of Quebec (November 16, 1973, No. C.A. 8855) setting aside the judgment of the Superior Court which had maintained the action in warranty of the appellant. Appeal dismissed.
François Pelletier and Michael Sheehan, for the appellant.
André Gagnon, Q.C., for the respondent.
The judgment of the Court was delivered orally by
THE CHIEF JUSTICE—It will not be necessary to hear you, Mr. Gagnon. We are of the opinion that appellant’s vehicle was “of a category other than that of private cars, station‑wagons and buses”. Since there were more than three passengers in the vehicle at the time of the accident, the insurance coverage was excluded. The appeal is dismissed with costs.
Appeal dismissed with costs.
Solicitors for the appellant: Vézina, Sheehan, Pouliot, L’Écuyer, Morin & Pelletier, Quebec.
Solicitors for the respondent: Gagnon, de Billy, Cantin, Dionne, Martin, Beaudoin & Lesage, Quebec.
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