Employers’ Liability Assurance Corp. Ltd. et al. v. Foundation Co. of Canada Ltd.

[1977] 2 SCR 413 Court SCC Decision date 1977-03-17 English

PartiesThe Employers’ Liability Assurance Corporation Ltd., The British Northwestern Insurance Company Limited, The London and Lancashire Guarantee and Accident Co. of Canada and Royal Insurance Company, Limited (Defendants-in-warranty) Appellants·The Foundation Company of Canada Limited (Plaintiff-in-warranty) Respondent

Counsel (4)

J. Vincent O’Donnell, Q.C., for the appellants.
Colin Gravenor, for the respondent.
Solicitors for the appellants: Tansey, Lavery, Johnston, O’Donnell, Clark & Carrière, Montreal.
Solicitors for the respondent: Lette, Marcotte, Biron, Sutto & Gravenor, Montreal.

Judges Laskin, Bora; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean

Delivered by Majority

On appeal from Quebec

Subjects Insurance

Contents

The judgment of the Court was delivered orally by

THE CHIEF JUSTICE—We do not need to hear you, Mr. Gravenor. The appellant has not persuaded us that there was anything in this case but ordinary negligence in respect of the claim under the liability policy, and we are, accordingly, of the opinion that the appeal must be dismissed with costs.

Appeal dismissed with costs.

Solicitors for the appellants: Tansey, Lavery, Johnston, O’Donnell, Clark & Carrière, Montreal.

Solicitors for the respondent: Lette, Marcotte, Biron, Sutto & Gravenor, Montreal.