Maryland Casualty Co. v. Roy Fourrures Inc.

Maryland Casualty Co. v. Roy Fourrures Inc.

The Court dismissed the appeals, holding the Court of Appeal correctly intervened because the trial judge failed to consider the crucial testimony of respondent's counsel about an inaccurate discovery answer and the evidence was insufficient to establish arson and perjury; the Court of Appeal's reassessment of credibility and evidence was not shown to be erroneous.

Citation
[1974] SCR 52
Parties
Defendant/appellant: Maryland Casualty Co.; Plaintiff/respondent: Roland Roy Fourrures Inc.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 April 1973
Procedural Posture
Civil Appeal (insurance) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec
Outcome
Appeals dismissed with costs against the appellant; respondent to recover one counsel fee for both cases.
Legal Topics
Fire Insurance, Arson, Perjury, Fraudulent Misrepresentation, Appellate Review, Credibility of Witnesses, Burden of Proof
Source Language
English
Insurance Law Civil Procedure Evidence Law Criminal Law (civil Findings) Appeal Law Fire Insurance Arson Perjury +4 more

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Parties

Maryland Casualty Co.

Defendant/appellant

Roland Roy Fourrures Inc.

Plaintiff/respondent

Procedural Posture

Civil Appeal (insurance) / Appeal to the Supreme Court of Canada From the Court of Queen's Bench, Appeal Side, Province of Quebec

Legal Issues

  1. 1 Whether the evidence established arson by the insured
  2. 2 Whether the insured perjured himself at examination on discovery
  3. 3 Whether false statements to company investigators were proved

Ratio Decidendi

The Court dismissed the appeals, holding the Court of Appeal correctly intervened because the trial judge failed to consider the crucial testimony of respondent's counsel about an inaccurate discovery answer and the evidence was insufficient to establish arson and perjury; the Court of Appeal's reassessment of credibility and evidence was not shown to be erroneous.

Court Disposition

Appeals dismissed with costs against the appellant; respondent to recover one counsel fee for both cases.

Orders

  • Appeals dismissed
  • Costs awarded against appellant; respondent to recover one counsel fee for both actions