Imperial Life Assurance Co. of Canada v. Segundo Casteleiro Y Colmenares

Imperial Life Assurance Co. of Canada v. Segundo Casteleiro Y Colmenares

The Supreme Court held the proper law was Ontario because the irrevocable offers in the applications were accepted by mailing the policies from the insurer's head office in Toronto, the decision to go on risk was made at head office, and both applications and policies were prepared in Ontario in a standard form...

Source-derived case information.

Citation
[1967] SCR 443
Parties
Defendant/appellant: Imperial Life Assurance Co. of Canada; Plaintiff/respondent: Segundo Casteleiro y Colmenares
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
23 May 1967
Procedural Posture
Civil Appeal (insurance Contract/conflict of Laws) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs
Legal Topics
Proper Law of Contract, Choice of Law, Life Insurance, Cash Surrender Value, Formation of Contract, Jurisdiction
Source Language
english
Conflict of Laws Contract Law Insurance Law Private International Law Proper Law of Contract Choice of Law Life Insurance Cash Surrender Value +2 more

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Parties

Imperial Life Assurance Co. of Canada

Defendant/appellant

Segundo Casteleiro y Colmenares

Plaintiff/respondent

Procedural Posture

Civil Appeal (insurance Contract/conflict of Laws) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 What is the proper law governing life insurance policies issued through a foreign branch?
  2. 2 Where were the contracts formed (Cuba or Ontario)?
  3. 3 Whether Cuban foreign exchange law prohibits payment of cash surrender value to a US resident without Cuban permission

Ratio Decidendi

The Supreme Court held the proper law was Ontario because the irrevocable offers in the applications were accepted by mailing the policies from the insurer's head office in Toronto, the decision to go on risk was made at head office, and both applications and policies were prepared in Ontario in a standard form indicating an expectation and intention that Ontario law govern; therefore Ontario law applies and respondent is entitled to the cash surrender value.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed with costs
  • Respondent awarded $8,744.22 (equivalent in Canadian currency)