The appellant was the beneficiary of a life insurance policy on an author who committed suicide.
The policy was backdated to January 23, 1968, to secure a lower premium, but was delivered on February 28, 1968.
The insured committed suicide on January 31, 1970.
The insurer denied the claim, relying on a two-year self-destruction clause, arguing the effective date was the date of delivery.
The Supreme Court of Canada held that the policy was entirely structured around the backdated date of January 23, 1968, making it the effective date for all purposes, including the self-destruction clause.
The appeal was allowed and the trial judgment in favour of the appellant was restored.
