Cases Flashcards
R v. Olan et al (1978)
Case involved prosecution in connection with corporate fraud
Courts say two essential elements of fraud; dishonest & deprivation
Morton v. Canadian Northern Shield Insurance Co. (1997)
Case involved fire that destroyed a rental house while it was unoccupied. Insurer was not notified that house was unoccupied and argued that insurance did not cover as it was no longer a rental property. Evidence failed to establish a material change had occurred
Set the precedent for material change, insured must promptly report any material change while policy is in force
Royal Insurance Canada v. Dimario (1988)
Insured claimed he bought several items from a store, this was proven untrue. Evidence showed the insured wilfully made false material statements
Claim was successfully denied on policy condition for fraud. Courts held gross over-evaluation
Carter v. Boehm (1766)
Insured sued for loss under property insurance contract for loss by action of foreign enemy
Important because of what court says about duty to insured to provide all relevant information; duty of good faith
CE Health Casualty & General Insurance Ltd. v. Grey (1993)
Underwriter knew of safe arrival of insured’s shipping vessel into port. Underwriter had to obey general insurance law by disclosing this knowledge or risk policy to be voided
Reaffirmation in common law that underwriters are subject to obey by the standard of utmost good faith; a third party beneficiary may owe an insurer a duty to act with utmost good faith
Wigmore v. Canadian Surety Company (1996)
Wigmores are the insureds and they sued under property insurance for loss of water
Important because of what trial judge says about duty of good faith; relationship between adjuster and insured
Labelle v. Guardian Insurance Co of Canada (1989)
Fire loss adjuster prepared erroneous report and made promises he did not keep. He deliberately altered quote from construction company, did insurer breach its duty?
Punitive damages for $10k were awarded against insurer, court criticized how independent adjuster handled
Warrington v. Great-West Life Assurance Co. (1996)
Warrington had been covered under a group long & short term disability policy; he became seriously ill and was not able to work, insurer refused claim, wife expecting a baby became very ill as well, forced to live on social assistance
Insurer failed to act in good faith and paid $10k in aggravated damages as additional compensation, also ordered to pay legal fees
Bullock v. Trafalger Insurance Co. of Canada (1996)
Investigation for possible arson, mechanical problems w/ vehicle prior to trip where vehicle stalled and caught fie / was destroyed
Trafalger breached duty of good faith to act fairly by refusing to withdraw their allegations of arson
Whiten v. Pilot Insurance Co. (2002)
Insured sued for loss under contract of fire insurance and bad faith
Important because of what court says about duty of insurer and good faith
Suchy v. Zurich Insurance Co. (1999)
Business interruption claim resulting in allegation of bad faith; Zurich refused to pay as it felt claim was inflated, took two years to settle
Insurer cannot unreasonably deny settlement as business interruption claims must be dealth with more timely
F.H. v. McDougall (2008)
This was a case that involved allegations of sexual assault however there were inconsistencies in the complainants testimony
Case is important due to the standard of proof, only one standard of proof in a civil case and that is proof on balance of probabilities
R. v. Nguyen (2014)
Accused was charged with six arson related counts following fire at commercial premises, she leased the premises she operated the business of a nail salon and spa
Case is another example of how the courts apply standard and burden of proof principle to circumstantial evidence
