Mutual Life Assurance Co. of Canada v. Aubin

Mutual Life Assurance Co. of Canada v. Aubin

Insurer did not prove on the balance of probabilities that the insured committed the alleged criminal offence; the key post‑mortem blood test was shown to be of doubtful reliability because of possible contamination, so the policy exclusion did not apply and the insurer must pay the accidental death benefit.

Citation
[1979] 2 SCR 298
Parties
Appellant (defendant): Mutual Life Assurance Company of Canada; Respondent (plaintiff): Dame Thérèse Savary Aubin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 May 1979
Procedural Posture
Civil Appeal (insurance) / On Appeal to the Supreme Court of Canada From the Quebec Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Accidental Death Compensation, Policy Exclusion Clauses, Burden and Standard of Proof in Civil Proceedings Alleging Criminal Conduct, Evidentiary Value of Post‑mortem Blood Alcohol Tests
Source Language
English
Insurance Evidence Criminal Law Civil Procedure Accidental Death Compensation Policy Exclusion Clauses Burden and Standard of Proof in Civil Proceedings Alleging Criminal Conduct Evidentiary Value of Post‑mortem Blood Alcohol Tests

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Parties

Mutual Life Assurance Company of Canada

Appellant (defendant)

Dame Thérèse Savary Aubin

Respondent (plaintiff)

Procedural Posture

Civil Appeal (insurance) / On Appeal to the Supreme Court of Canada From the Quebec Court of Appeal

Legal Issues

  1. 1 Whether insurer proved applicability of exclusion clause by establishing insured committed a criminal offence (driving with excessive blood alcohol) on the balance of probabilities
  2. 2 What standard of proof applies when criminal conduct is alleged in a civil action
  3. 3 Whether the post‑mortem blood alcohol test was reliable or likely contaminated

Ratio Decidendi

Insurer did not prove on the balance of probabilities that the insured committed the alleged criminal offence; the key post‑mortem blood test was shown to be of doubtful reliability because of possible contamination, so the policy exclusion did not apply and the insurer must pay the accidental death benefit.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs