Firth v. Western Life Assurance Co.

Firth v. Western Life Assurance Co.

Majority held the contractual and statutory due date was the calendar date stated in the policy (April 13) even though it fell on a Sunday; s.146 runs from and excludes that date so the 30‑day grace expired May 13; the policy had lapsed and insurer was not liable.

Citation
[1957] SCR 428
Parties
Appellant/plaintiff: Norman F. Firth; Respondent/defendant: The Western Life Assurance Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
13 May 1957
Procedural Posture
Life Insurance Dispute (policy Renewal Premium, Days of Grace) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeal dismissed; action dismissed; costs to respondent.
Legal Topics
Days of Grace, Premium Due Date, Policy Lapse, Lord's Day Act, Assignment of Policy
Source Language
English
Insurance Contract Statutory Interpretation Days of Grace Premium Due Date Policy Lapse Lord's Day Act Assignment of Policy

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Parties

Norman F. Firth

Appellant/plaintiff

The Western Life Assurance Company

Respondent/defendant

Procedural Posture

Life Insurance Dispute (policy Renewal Premium, Days of Grace) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the due date of a renewal premium falling on a Sunday is the stated calendar date or the next lawful business day for purposes of s.146 R.S.O. 1950
  2. 2 Whether the contractual phrase "actual due date" or the policy's grace clause shifts the statutory computation of the 30‑day grace period
  3. 3 Whether the Lord's Day Act prevents the insurer from receiving payment on the stated due date and thereby alters when the period of grace runs

Ratio Decidendi

Majority held the contractual and statutory due date was the calendar date stated in the policy (April 13) even though it fell on a Sunday; s.146 runs from and excludes that date so the 30‑day grace expired May 13; the policy had lapsed and insurer was not liable.

Court Disposition

Appeal dismissed; action dismissed; costs to respondent.

Orders

  • Appeal dismissed with costs.