Ford v. Dominion of Canada General Insurance Co.

[1991] 1 SCR 136 Court SCC Decision date 1991-02-07 Docket 21821 English

PartiesThe Dominion of Canada General Insurance Company Appellant·William Ford Respondent

Judges La Forest, Gérard V.; L'Heureux-Dubé, Claire; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Stevenson, William

Delivered by Judgment of the Court — Cory J.

On appeal from Manitoba

Subjects Insurance

Judgment of the Court — 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), 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.