The appellant insurer issued a life insurance policy to the respondents.
The respondents failed to pay the annual premium within the grace period.
The insurer sent a letter demanding immediate payment, which constituted a waiver of the time requirements.
However, the respondents did not receive the letter until months later due to their mail collection habits, and delayed another three months before tendering payment.
The Supreme Court of Canada held that the insurer's waiver was no longer in effect when payment was finally tendered, and the policy had lapsed.
The Court also refused to grant relief against forfeiture because the respondents' conduct in delaying payment was unreasonable.
