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

Employers’ Liability Assurance Corp. Ltd. et al. v. Foundation Co. of Canada Ltd.
Collection
Supreme Court Judgments
Date
1977-03-17
Report
[1977] 2 SCR 413
Judges
Laskin, Bora; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean
On appeal from
Quebec
Subjects
Insurance
Decision Content
Supreme Court of Canada
Employers’ Liability Assurance Corp. Ltd. et al. v. Foundation Co. of Canada Ltd., [1977] 2 S.C.R. 413
Date: 1977-03-17
The 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;
and
The Foundation Company of Canada Limited (Plaintiff-in-warranty) Respondent.
1977: March 17.
Present: Laskin C.J. and Spence, Pigeon, Dickson and Beetz JJ.
ON APPEAL FROM THE COURT OF APPEAL FOR QUEBEC
Insurance—Liability insurance—Fault of insured—Case of ordinary negligence—Validity of action in warranty against insuror.
APPEAL from a judgment of the Court of Appeal of Quebec reversing a judgment of the Superior Court dismissing an action in warranty against the appellants. Appeal dismissed.
J. Vincent O’Donnell, Q.C., for the appellants.
Colin Gravenor, for the respondent.
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.