Foriere v. St. Paul Fire and Marine Insurance Co., (1970) 3 N.S.R.(2d) 370 (TD)

• Judge: Dubinsky, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: August 03, 1970
• Jurisdiction: Nova Scotia
• Citations: (1970), 3 N.S.R.(2d) 370 (TD)

Foriere v. St. Paul Fire (1970), 3 N.S.R.(2d) 370 (TD)

MLB headnote and full text

Foriere v. St. Paul Fire and Marine Insurance Co.

Indexed As: Foriere v. St. Paul Fire and Marine Insurance Co.

Nova Scotia Supreme Court

Trial Division

Dubinsky, J.

August 3, 1970.

Summary:

The trial court dismissed the plaintiff's action for $30,000.00 against 5 insurance companies pursuant to the provisions of a fire insurance policy. The trial court stated that the defendant insurance companies had discharged a "heavy burden" of proof with respect to allegations of arson and fraud.

The trial court reviewed the authorities with respect to the burden of proof of allegations of fraud and arson in a civil action. The trial judge reviewed at length the evidence with respect to the allegations of fraud and arson and stated that he was satisfied that the defendants had met the "heavy burden" of establishing such defences.

Insurance - Topic 3139

Payment of insurance proceeds - Actions against forfeiture - Imperfect compliance with statutory conditions - Claims - Notice and proof of loss - Imperfect compliance with statutory conditions - The Nova Scotia Supreme Court, Trial Division, granted relief against forfeiture and stated that the insurer was not prejudiced by the delay.

Insurance - Topic 6047

Fire insurance - Defences - Deliberate act by insured - Standard of proof - Insurer in defence alleged arson by insured - Measure of burden of proof - Presumption against crime - The Nova Scotia Supreme Court, Trial Division, dismissed an action by insured on a fire insurance policy and stated that the defence of arson was proved.

Insurance - Topic 6047

Fire loss - Insurer in defence alleged fraud by insured by supplying false information to the insurer concerning the loss - Measure of burden of proof - The Nova Scotia Supreme Court, Trial Division, dismissed an action by the insured on a fire insurance policy and stated that the defence of fraud was proved.

Insurance - Topic 6047

Evidence - Measure of burden of proof - Action by insured on fire insurance policy - The Nova Scotia Supreme Court, Trial Division, dismissed action and stated that the insurer had discharged the heavy burden of proof of allegations of fraud and arson.

Cases Noticed:

Yade v. Merit Insurance Company (1961), 27 D.L.R.(2d) 374, folld.

Thurtell v. Beaumont (1823), 1 Bing 339, 130 E.R. 136, folld.

Schornak v. St. Paul Fire & Marine Ins. Co. (1905), 104 N.W. 1087, 96 Minn 299, folld.

Direct Investments Ltd. v. Dominion Insurance Corp. et al. (1968), 68 D.L.R. 278, folld.

Husak v. Imperial Life Assurance Co. of Canada (1970), 9 D.L.R.(3d) 602, folld.

Oystryk v. Canadian Indemnity Co. (1968), 1 D.L.R.(3d) 615, folld.

Britton v. The Royal Insurance Company (1866), 4 F. & F. 905, 176 E.R. 843, folld.

Adams v. Glen Falls Ins. Co. (1916), 31 D.L.R. 166, folld.

Leepo Machine Products Ltd. v. Western Assurance Co. et al. (1970), 9 D.L.R.(3d) 649, folld.

Board of Education of Windsor v. Ford Motor Co. et al. (1941), 3 D.L.R. 721, folld.

Statutes Noticed:

Insurance Act, R.S.N.S. 1967, c. 147, sect. 129.

Counsel:

G.B. Robertson, Q.C., and J.A.F. MacDonald, for the plaintiff;

D.R. Chipman, Q.C., and M.D. Leonard, for the defendants.