Bédard v. Saskatchewan Government Insurance Office

Bédard v. Saskatchewan Government Insurance Office

The appeal is dismissed because s.36(8)(2) did not apply as the insurer did not intend to repair/rebuild/replace, s.36(13) did not apply to the fire loss absent an appraisal award, and the owner\'s certificate limited coverage to direct accidental loss with liability capped at repair or replacement cost, precluding recovery for the claimed consequential losses.

Citation
[1966] SCR 548
Parties
Plaintiff/appellant: Gilles E. Bédard; Defendant/respondent: Saskatchewan Government Insurance Office
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 June 1966
Procedural Posture
Insurance Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan
Outcome
Appeal dismissed
Legal Topics
Consequential Damages, Statutory Notice Requirements, Payment of Insurance Money, Coverage Limits Under Owner\'s Certificate
Source Language
English
Insurance Law Statutory Interpretation Civil Liability Consequential Damages Statutory Notice Requirements Payment of Insurance Money Coverage Limits Under Owner\'s Certificate

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 1 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Gilles E. Bédard

Plaintiff/appellant

Saskatchewan Government Insurance Office

Defendant/respondent

Procedural Posture

Insurance Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan

Legal Issues

  1. 1 Whether failure to give notice under s.36(8)(2) constituted a statutory breach
  2. 2 Whether s.36(13) required payment within sixty days in the circumstances
  3. 3 Whether insurer liable for consequential losses beyond direct damage under s.35(1)

Ratio Decidendi

The appeal is dismissed because s.36(8)(2) did not apply as the insurer did not intend to repair/rebuild/replace, s.36(13) did not apply to the fire loss absent an appraisal award, and the owner\'s certificate limited coverage to direct accidental loss with liability capped at repair or replacement cost, precluding recovery for the claimed consequential losses.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed