Supreme Court of Canada
Employers’ Liability Assurance Corp. Ltd. et al. v.
Foundation Co. of Canada Ltd., [1977] 2 S.C.R. 413
Date: 1977-03-17
The Employers’
Liability Assurance Corporation Ltd., The British Northwestern Insurance
Company Limited, The London and Lancashire Guarantee and Accident Co. of Canada
and Royal Insurance Company, Limited (Defendants-in-warranty) Appellants;
and
The Foundation
Company of Canada Limited (Plaintiff-in-warranty) Respondent.
1977: March 17.
Present: Laskin C.J. and Spence, Pigeon,
Dickson and Beetz JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR
QUEBEC
Insurance—Liability insurance—Fault of
insured—Case of ordinary negligence—Validity of action in warranty against
insuror.
APPEAL from a judgment of the Court of Appeal of Quebec
reversing a judgment of the Superior Court dismissing an action in warranty
against the appellants. Appeal dismissed.
J. Vincent O’Donnell, Q.C., for the
appellants.
Colin Gravenor, for the respondent.
The judgment of the Court was delivered orally
by
THE CHIEF JUSTICE—We do not need to hear you,
Mr. Gravenor. The appellant has not persuaded us that there was anything
in this case but ordinary negligence in respect of the claim under the
liability policy, and we are, accordingly, of the opinion that the appeal must
be dismissed with costs.
Appeal dismissed with costs.
Solicitors for the appellants: Tansey,
Lavery, Johnston, O’Donnell,
Clark & Carrière, Montreal.
Solicitors for the respondent: Lette,
Marcotte, Biron, Sutto & Gravenor, Montreal.
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