Matthew v. Guardian Assurance Co.

Matthew v. Guardian Assurance Co.

The Court allowed the appeal, holding that the Dominion Insurance Act 1917 was in force at the time of the Court of Appeal hearing and required a Dominion licence before a foreign company could carry on insurance business anywhere in Canada; consequently a provincial licence would be impotent and the injunction was premature. Further, equitable relief against an agent in the absence of the principal is inappropriate in these circumstances. The Court of Appeal's injunction was therefore reversed and the trial judge's dismissal restored.

Citation
(1918) 58 SCR 47
Parties
Plaintiff / Respondent: Guardian Assurance Company; Defendant / Appellant (agent): A. S. Matthew; Defendant (provincial Registrar): William Garrett (Superintendent of Insurance)
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
9 December 1918
Procedural Posture
Appeal / Hearing on Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia
Outcome
Appeal allowed; judgment of the Court of Appeal reversed; judgment of trial judge restored
Legal Topics
Retrospective Legislation, Licensing of Foreign Insurers, Injunction Quia Timet, Joinder/agency, Judicial Notice of Statutes
Source Language
English
Constitutional Law Insurance Law Administrative Law Equity (injunction) Retrospective Legislation Licensing of Foreign Insurers Injunction Quia Timet Joinder/agency +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Guardian Assurance Company

Plaintiff / Respondent

A. S. Matthew

Defendant / Appellant (agent)

William Garrett (Superintendent of Insurance)

Defendant (provincial Registrar)

Procedural Posture

Appeal / Hearing on Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether a provincial licence application by an agent can be restrained by injunction in the absence of the principal company as a party
  2. 2 Whether the Dominion Insurance Act 1917 required a Dominion licence that rendered any provincial licence ineffective or impotent
  3. 3 Whether the Court of Appeal should have taken judicial notice of statutory amendment in force at time of appeal

Ratio Decidendi

The Court allowed the appeal, holding that the Dominion Insurance Act 1917 was in force at the time of the Court of Appeal hearing and required a Dominion licence before a foreign company could carry on insurance business anywhere in Canada; consequently a provincial licence would be impotent and the injunction was premature. Further, equitable relief against an agent in the absence of the principal is inappropriate in these circumstances. The Court of Appeal's injunction was therefore reversed and the trial judge's dismissal restored.

Court Disposition

Appeal allowed; judgment of the Court of Appeal reversed; judgment of trial judge restored

Orders

  • Appeal allowed
  • Judgment of the Court of Appeal for British Columbia reversed