The appellants sought to enforce a double indemnity provision of a life insurance policy after the insured died in a motor vehicle accident.
The insurer denied liability, alleging the insured was driving while impaired, thereby committing a criminal offence.
A jury found that the death was accidental and did not result from the commission of a criminal offence.
The trial judge set aside the jury's finding as perverse and dismissed the action.
The Court of Appeal upheld the trial judge's decision.
The Supreme Court of Canada allowed the appeal, holding that under the Nova Scotia Judicature Act and Rules of Court, the trial judge was required to enter judgment consistent with the jury's findings.
The Court found there was evidence upon which the jury could reasonably have reached its conclusion, and the Court of Appeal erred in interfering with the verdict.
