An appeal from the dismissal of an application for a declaration that the appellant is an insured under two insurance policies.
The Court of Appeal allowed the appeal on the basis of an apparent conflict of interest between the appellant and Royal & Sun Alliance Insurance Company of Canada, which appointed and paid for the appellant's counsel.
The court found that the appellant should have had independent counsel to advise on the advisability of bringing the underlying application and to represent him on appeal, given that the insurer's financial interests diverged from the insured's interests.
