3 total
Life insurance policy never came into effect because insured's health changed before initial premium was paid.
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.
Appeal dismissed; no evidence that the justice of the peace violated the appellant's Charter rights.
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.
Contracting parties may sue in delict for independently wrongful fault.
The appellant sued in Quebec for fire losses allegedly caused by negligent installation and operating instructions given by the respondent's technicians for industrial machinery sold under a contract concluded outside Quebec.
The respondent brought a declinatory exception, arguing that jurisdiction lay only where the contract was made or at its domicile.
The Court held that the existence of a contract does not deprive a plaintiff of the right to frame the claim in delict where the alleged fault would independently ground liability under art. 1053 C.C. Because the pleaded wrongful acts and resulting damage arose in Trois-Rivières, the whole cause of action arose there within art. 68 C.C.P., and the Quebec court had jurisdiction.
