Brkich & Brkich Enterprises Ltd. v. American Home Assurance Co., [1997] 1 S.C.R. 1149
American Home Assurance Co. Appellant
v.
Brkich & Brkich Enterprises Ltd. and Mel Hotels Ltd., doing business as The Commercial Hotel Respondents
Indexed as: Brkich & Brkich Enterprises Ltd. v. American Home Assurance Co.
File No.: 24959.
1997: April 28.
Present: La Forest, L’Heureux‑Dubé, Sopinka, Gonthier, Cory, McLachlin and Major JJ.
on appeal from the court of appeal for british columbia
Insurance ‑‑ Replacement cost ‑‑ Property destroyed by fire insured for replacement value only ‑‑ Insured signing contract for reconstruction of hotel and then selling property to third party on condition that hotel would be rebuilt according to terms of contract ‑‑ Policy requirement that insured effect replacement satisfied ‑‑ Insured entitled to recover replacement cost under policy.
APPEAL from a judgment of the British Columbia Court of Appeal (1995), 1995 CanLII 1809 (BC CA), 8 B.C.L.R. (3d) 1, 127 D.L.R. (4th) 115, [1995] 8 W.W.R. 363, 62 B.C.A.C. 186, 103 W.A.C. 186, 31 C.C.L.I. (2d) 160, [1996] I.L.R. ¶1‑3263, reversing a judgment of the British Columbia Supreme Court (1993), 1993 CanLII 274 (BC SC), 84 B.C.L.R. (2d) 184, [1994] 1 W.W.R. 532, 18 C.C.L.I. (2d) 85, [1993] I.L.R. ¶1‑2291, dismissing the respondents’ action on an insurance policy. Appeal dismissed.
William M. Holburn, Q.C., and Judith P. Kennedy, for the appellant.
Alan E. Farber and Stephen Tick, for the respondents.
//La Forest J.//
The judgment of the Court was delivered orally by
[1] La Forest J. ‑‑ We are all of the view that the appeal should be dismissed for the reasons given by Finch J.A. in the Court of Appeal. Accordingly, the appeal is dismissed with costs throughout.
Judgment accordingly.
Solicitors for the appellant: Alexander, Holburn, Beaudin & Lang, Vancouver.
Solicitors for the respondents: Oreck, Chernoff, Tick & Farber, Vancouver.