MacGregor v. Insurance Corp. of British Columbia, (1991) 2 B.C.A.C. 313 (CA)

• Judge: Lambert, Macfarlane and Proudfoot, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: June 04, 1991
• Jurisdiction: British Columbia
• Citations: (1991), 2 B.C.A.C. 313 (CA)

MacGregor v. ICBC (1991), 2 B.C.A.C. 313 (CA);

    5 W.A.C. 313

MLB headnote and full text

John Alexander MacGregor (appellant) v. The Insurance Corporation of British Columbia (respondent)

(No. V01251)

Indexed As: MacGregor v. Insurance Corp. of British Columbia

British Columbia Court of Appeal

Lambert, Macfarlane and Proudfoot, JJ.A.

June 4, 1991.

Summary:

An insured driver collided with a tree. The insurer denied coverage on the ground that the driver was intoxicated. The driver sued.

The Trial Court dismissed the claim. The driver appealed.

The British Columbia Court of Appeal allowed the appeal on the ground that the trial judge misapprehended the evidence.

Insurance - Topic 4250

Automobile insurance - Statutory conditions - Exclusions - Driving while intoxicated - [See Insurance - Topic 4551 ].

Insurance - Topic 4551

Automobile insurance - Actions by insured against insurer - Defences, burden of proof - The British Columbia Court of Appeal referred to the burden on an insurer who raises the defence of driving while intoxicated (see paragraph 9).

Practice - Topic 8808

Appeals - Duty of appellate court respecting conclusions or interpretation of evidence by trial judge - An insured was denied coverage and he sued - The trial court dismissed the claim - The British Columbia Court of Appeal allowed the appeal on the ground that the trial judge misapprehended the evidence - The court referred to instances in the trial judge's reasons where he misapprehended the evidence (see paragraphs 12 to 16).

Cases Noticed:

Kim v. Insurance Corp. of British Columbia (1980), 21 B.C.L.R. 18, refd to. [para. 9].

Counsel:

Adrian Brooks, for the appellant;

   Alan Milne, for the respondent.

This appeal was heard by Lambert, Macfarlane and Proudfoot, JJ.A., of the British Columbia Court of Appeal at Victoria, B.C. The decision of the court was delivered by Proudfoot, J.A., on June 4, 1991.

The following opinions were filed:

Proudfoot, J.A. - see paragraphs 1 to 19.

Lambert, J.A. - see paragraphs 20 and 22.

Macfarlane, J.A. - see paragraph 21.