Pierre de Grandpré

The appellants appealed a decision dismissing their action to recover the proceeds of a life insurance policy.

The insured signed an application and paid a deposit, but the initial premium was not fully paid until a month later, after the insured's health had deteriorated and he was hospitalized for what was later diagnosed as lung cancer.

The Supreme Court of Canada held that under art. 2516 of the Civil Code of Lower Canada, the insurance never came into effect because the insurability of the risk had changed before the initial premium was paid.

The Court also found no evidence that the insurer waived the application of art. 2516.

The appellant challenged the issuance of a summons by a justice of the peace, arguing that the justice's revocable appointment violated section 7 of the Charter.

The Supreme Court of Canada dismissed the appeal, noting that the relevant provisions of the Courts of Justice Act were not challenged under section 52 of the Constitution Act, 1982.

The Court held there was no evidence that the justice of the peace violated any of the appellant's section 7 rights in the exercise of her duties.