Supreme Court of Canada

Gulf Oil Canada v. Poulin, [1980] 1 S.C.R. 669

Date: 1980-03-03

Gulf Oil Canada Limited, formerly called the British American Oil Company Limited, and Servico Limited (Plaintiffs) Appellants;

and

Roland Poulin (Defendant) Respondent.

1980: February 28; 1980: March 3.

Present: Martland, Dickson, Estey, McIntyre and Chouinard JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Insurance—Motor vehicle insurance—First loss insurance—The Insurance Act, R.S.O. 1970, c. 224, ss. 215, 239(1).

APPEAL from a judgment of the Court of Appeal for Ontario[^1] allowing an appeal from a judgment of Van Camp J.[^2] on a motion to determine a point of law. Appeal dismissed.

Brendan O'Brien, Q.C., for the appellants.

J.W. O'Brien, Q.C., for the respondent.

THE COURT—The submissions made on behalf of the appellants have not persuaded us that the Court of Appeal erred in reaching the result stated in its judgment. The appeal is dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellants: MacMillan, Rooke, Avery & Forbes, Toronto.

Solicitors for the respondent: Cassels, Brock, Toronto.

[^1]: (1978), 21 O.R. (2d) 49, sub nom. Waller v. Gulf Oil Canada Ltd. et al.

[^2]: (1977), 17 O.R. (2d) 408, sub nom. Waller v. Gulf Oil Canada Ltd. et al.