The respondent claimed under a surety bond but gave notice of the claim 28 days after the expiry of the 120-day period stipulated in the bond.
The chambers judge granted relief from forfeiture under s. 109 of The Saskatchewan Insurance Act.
The Court of Appeal upheld the ruling that the court had authority to grant relief.
The Supreme Court of Canada dismissed the appeal, holding that s. 109 extends to contractual conditions as well as statutory conditions, and that failure to give timely notice constitutes imperfect compliance rather than non-compliance, allowing the court to grant relief from forfeiture.
