Ford v. Dominion of Canada General Insurance Co., [1991] 1 S.C.R. 136
The Dominion of Canada General Insurance Company Appellant
v.
William Ford Respondent
Indexed as: Ford v. Dominion of Canada General Insurance Co.
File No.: 21821.
1991: January 23; 1991: February 7.
Present: La Forest and L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Stevenson JJ.
on appeal from the court of appeal for manitoba
Insurance -- Loss by fire -- Arson likely cause -- Coverage denied -- Non-disclosure of cancellation of an earlier policy for non-payment of premium and serious insurance fraud -- Breach of Statutory Condition in fraudulently omitting to communicate material circumstances.
Held: The appeal should be allowed.
APPEAL from a judgment of the Manitoba Court of Appeal (1989), 62 Man. R. (2d) 244, 40 C.C.L.I. 313, reversing De Graves J.'s dismissal of the action and remitting the matter to the trial judge (1988), 54 Man. R. (2d) 283, and 54 Man. R. (2d) 290 (addendum), 34 C.C.L.I. 224. Appeal allowed.
Louise Lamb, for the appellant.
William Ford, on his own behalf.
//Cory J.//
The judgment of the Court was delivered by
Cory J. -- I am in agreement with the minority reasons given by Philp J.A. (1989), 62 Man. R. (2d) 244, at pp. 246 et seq. As a result, I would allow the appeal, set aside the order of the Court of Appeal and restore the judgment at trial. The appellant is entitled to its costs of this appeal and throughout these proceedings.
Appeal allowed with costs.
Solicitors for the appellant: Fillmore & Riley, Winnipeg.
Solicitor for the respondent: John W. Wilson, Winnipeg.
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