Lamothe v. North American Life Assurance Co.

Lamothe v. North American Life Assurance Co.

The appeal was dismissed because there was no misdirection by the trial judge that occasioned substantial prejudice and, on the whole evidence, the jury could reasonably find the policy void or that misrepresentations justified cancellation; accordingly the verdicts and judgments below were affirmed and a new trial was refused.

Citation
(1907) 39 SCR 323
Parties
Appellant (defendant): J. Cleophas Lamothe; Respondent (plaintiff): The North American Life Assurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
8 October 1907
Procedural Posture
Appeal From Court of King's Bench, Province of Quebec / Supreme Court of Canada Judgment on Appeal (dismissed)
Outcome
Appeal dismissed with costs; application for new trial refused; judgments below affirmed.
Legal Topics
Wagering Policy, Misrepresentation, Jury Directions, Cancellation of Policy
Source Language
English
Insurance Civil Procedure Evidence Wagering Policy Misrepresentation Jury Directions Cancellation of Policy

Case Brief

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Parties

J. Cleophas Lamothe

Appellant (defendant)

The North American Life Assurance Company

Respondent (plaintiff)

Procedural Posture

Appeal From Court of King's Bench, Province of Quebec / Supreme Court of Canada Judgment on Appeal (dismissed)

Legal Issues

  1. 1 Whether the life insurance policy was a wagering policy and therefore void
  2. 2 Whether representations by the assured were materially incorrect and wilful misstatements
  3. 3 Whether the trial judge misdirected the jury

Ratio Decidendi

The appeal was dismissed because there was no misdirection by the trial judge that occasioned substantial prejudice and, on the whole evidence, the jury could reasonably find the policy void or that misrepresentations justified cancellation; accordingly the verdicts and judgments below were affirmed and a new trial was refused.

Court Disposition

Appeal dismissed with costs; application for new trial refused; judgments below affirmed.

Orders

  • Appeal dismissed with costs.
  • Application for a new trial refused.