LaFontaine v. Hartford Accident and Indemnity Co.

LaFontaine v. Hartford Accident and Indemnity Co.

The Court upheld the Court of Appeal’s factual inference that the employer, having procured the public liability policy as a term of employment, had the incidental authority to cancel it upon termination of employment; that factual finding was not clearly erroneous and justified dismissal of the appeal.

Citation
[1961] SCR 132
Parties
Plaintiff Appellant: Lloyd LaFontaine; Defendant Respondent: Hartford Accident and Indemnity Company
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 December 1960
Procedural Posture
Insurance Tort Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed; judgment of the Court of Appeal for Ontario restored; costs awarded to respondent; Cartwright J. dissenting
Legal Topics
Policy Cancellation, Implied Terms of Contract, Authority of Employer to Procure and Cancel Insurance, Inference of Fact on Appeal, Vicarious Liability
Source Language
English
Insurance Contract Employment Agency Civil Procedure Policy Cancellation Implied Terms of Contract Authority of Employer to Procure and Cancel Insurance +2 more

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Parties

Lloyd LaFontaine

Plaintiff Appellant

Hartford Accident and Indemnity Company

Defendant Respondent

Procedural Posture

Insurance Tort Appeal / On Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Whether an employer who procures an individual public liability policy for an employee has the authority to cancel that policy on termination of employment
  2. 2 Whether a term permitting cancellation upon termination can be implied into the employment/insurance arrangement
  3. 3 Whether the Court of Appeal’s factual inference that such authority existed is clearly erroneous

Ratio Decidendi

The Court upheld the Court of Appeal’s factual inference that the employer, having procured the public liability policy as a term of employment, had the incidental authority to cancel it upon termination of employment; that factual finding was not clearly erroneous and justified dismissal of the appeal.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Ontario restored; costs awarded to respondent; Cartwright J. dissenting

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Ontario restored