Union Insurance Society of Canton Ltd. v. Arsenault

Union Insurance Society of Canton Ltd. v. Arsenault

The trial judge's finding that the insured was, at the time of the accident, incapable of proper control of the vehicle due to alcohol was a factual conclusion supported by evidence (quantity consumed, police conclusions, circumstances of the collision and the guilty plea as an admission); appellate court must not disturb such findings and the insurer was justified in refusing to defend—warranty action dismissed.

Citation
[1961] SCR 766
Parties
Defendant in Warranty; Appellant: Union Insurance Society of Canton Ltd.; Plaintiff in Warranty; Respondent: André Arsenault
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
3 October 1961
Procedural Posture
Insurance Action in Warranty / Appeal to the Supreme Court of Canada From the Quebec Court of Queen's Bench (appeal Side)
Outcome
Appeal allowed; action in warranty dismissed; trial judgment restored in favour of insurer
Legal Topics
Policy Condition Breach, Refusal to Defend, Impaired Driving, Plea of Guilty as Evidence, Burden of Proof, Appellate Review of Factual Findings
Source Language
English
Insurance Law Criminal Law Tort (negligence) Civil Procedure Policy Condition Breach Refusal to Defend Impaired Driving Plea of Guilty as Evidence +2 more

Case Brief

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Parties

Union Insurance Society of Canton Ltd.

Defendant in Warranty; Appellant

André Arsenault

Plaintiff in Warranty; Respondent

Procedural Posture

Insurance Action in Warranty / Appeal to the Supreme Court of Canada From the Quebec Court of Queen's Bench (appeal Side)

Legal Issues

  1. 1 Whether the insured breached the policy condition by driving while his ability to control the vehicle was impaired by alcohol to the point of incapacity
  2. 2 Whether the insurer discharged the burden of proving the breach of the policy condition
  3. 3 What weight a plea of guilty under s.223 of the Criminal Code carries in civil proceedings

Ratio Decidendi

The trial judge's finding that the insured was, at the time of the accident, incapable of proper control of the vehicle due to alcohol was a factual conclusion supported by evidence (quantity consumed, police conclusions, circumstances of the collision and the guilty plea as an admission); appellate court must not disturb such findings and the insurer was justified in refusing to defend—warranty action dismissed.

Court Disposition

Appeal allowed; action in warranty dismissed; trial judgment restored in favour of insurer

Orders

  • Appeal allowed
  • Action in warranty dismissed