Ford v. Dominion of Canada General Insurance Co., [1991] 1 S.C.R. 136

The Dominion of Canada General Insurance Company Appellant

v.

William Ford Respondent

Indexed as: Ford v. Dominion of Canada General Insurance Co.

File No.: 21821.

1991: January 23; 1991: February 7.

Present: La Forest and L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Stevenson JJ.

on appeal from the court of appeal for manitoba

Insurance -- Loss by fire -- Arson likely cause -- Coverage denied -- Non-disclosure of cancellation of an earlier policy for non-payment of premium and serious insurance fraud -- Breach of Statutory Condition in fraudulently omitting to communicate material circumstances.

Held: The appeal should be allowed.

APPEAL from a judgment of the Manitoba Court of Appeal (1989), 1989 CanLII 7494 (MB CA), 62 Man. R. (2d) 244, 40 C.C.L.I. 313, reversing De Graves J.'s dismissal of the action and remitting the matter to the trial judge (1988), 1988 CanLII 7394 (MB QB), 54 Man. R. (2d) 283, and 54 Man. R. (2d) 290 (addendum), 34 C.C.L.I. 224. Appeal allowed.

Louise Lamb, for the appellant.

William Ford, on his own behalf.

//Cory J.//

The judgment of the Court was delivered by

Cory J. -- I am in agreement with the minority reasons given by Philp J.A. (1989), 1989 CanLII 7494 (MB CA), 62 Man. R. (2d) 244, at pp. 246 et seq. As a result, I would allow the appeal, set aside the order of the Court of Appeal and restore the judgment at trial. The appellant is entitled to its costs of this appeal and throughout these proceedings.

Appeal allowed with costs.

Solicitors for the appellant: Fillmore & Riley, Winnipeg.

Solicitor for the respondent: John W. Wilson, Winnipeg.