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Brissette Estate v. Westbury Life Insurance Co.; Brissette Estate v. Crown Life Insurance Co.

[1992] 3 SCR 87 Court SCC Decision date 1992-10-29 Docket 22125 English

PartiesTestament of Mary Cecile Brissette Appellants·deceased Appellants·Insurance Company Respondent

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

Delivered by Majority

On appeal from Ontario

Subjects Insurance

Contents

The judgment of La Forest, L'Heureux-Dubé, Sopinka and Iacobucci JJ. was delivered by

The reasons of Gonthier and Cory JJ. were delivered by

Drafted by one party to the transaction;
On a form regularly used by the drafter;
Presented to the adherent on a take-it-or-leave-it basis;
One in which the adherent enters into relatively few such transactions as compared with the drafting party;
One in which the principal obligation of the adherent is the payment of money.

Footnotes

  1. [1] * Stevenson J. took no part in the judgment.