Ford v. Dominion of Canada General Insurance Co., (1991) 71 Man.R.(2d) 157 (SCC)

• Judge: La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Stevenson, JJ.
• Court: Supreme Court (Canada)
• Case Date: February 07, 1991
• Jurisdiction: Canada (Federal)
• Citations: (1991), 71 Man.R.(2d) 157 (SCC);48 CCLI 161;1991 CanLII 118 (SCC);71 Man R (2d) 157;[1991] 1 SCR 136

Ford v. Dominion of Can. (1991), 71 Man.R.(2d) 157 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Dominion of Canada General Insurance Company (appellant) v. William Ford (respondent)

Indexed As: Ford v. Dominion of Canada General Insurance Co.

Supreme Court of Canada

La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Stevenson, JJ.

February 7, 1991.

Summary:

The plaintiff claimed under his insurance policies for loss by fire. The insurer denied liability on the ground that in his application for insurance the plaintiff had fraudulently omitted to disclose previous insurance losses and cancellations of coverage and a Criminal Code conviction after making a false insurance claim.

The Manitoba Court of Queen's Bench, per De Graves, J., in a decision reported 54 Man.R.(2d) 283 and 54 Man.R.(2d) 290 (addendum); 34 C.C.L.I. 224, held that the policies were void and dismissed the plaintiff's action. The plaintiff appealed.

The Manitoba Court of Appeal, Philp, J.A., dissenting, in a decision reported 62 Man.R.(2d) 244; 40 C.C.L.I. 313, remitted the matter back to the trial judge. The insurer appealed. The Supreme Court of Canada allowed the appeal and restored the decision of the trial judge.

Insurance - Topic 2492

Applicant's duty of disclosure - Default in duty to disclose - Fraudulent omission - An applicant for fire insurance coverage did not disclose that he had had previous losses and cancellations of coverage and that he had a Criminal Code conviction after making a false insurance claim - The trial judge declared the policies void because the applicant failed to disclose all material facts - The Supreme Court of Canada restored the judgment at trial.

Cases Noticed:

Ford v. Dominion of Canada General Insurance Co. (1989), 62 Man.R.(2d) 244; 40 C.C.L.I. 313, refd to. [para. 1].

Counsel:

Louise Lamb, for the appellant;

William Ford, appearing on his own behalf.

Solicitors of Record:

Fillmore & Riley, Winnipeg, for the appellant;

John W. Wilson, Winnipeg, for the respondent.

This appeal was heard before La Forest, L'Heureux-Dubé, Sopinka, Gonthier, Cory, McLachlin and Stevenson, JJ., of the Supreme Court of Canada in both official languages.

On February 7, 1991, Cory, J., delivered the following judgment for the court: