American Home Assurance Company v. Royal Trust Corporation of Canada
The trial judge's factual finding that the insured was required to give notice only after learning of a happening which may give rise to a claim was upheld; there was no basis to interfere with the trial judge's assessment of evidence and credibility, therefore the appeal and cross-appeal were dismissed.
Source-derived case information.
- Citation
- 1993 NSCA 71
- Parties
- Appellant: The American Home Assurance Company; Respondent: Royal Trust Corporation of Canada; Respondent: Douglas Ruck
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 5 April 1993
- Procedural Posture
- Appeal / Judgment on Appeal
- Outcome
- Appeal and cross-appeal dismissed.
- Legal Topics
- Notice Requirement Under Insurance Policy, Timeliness of Notice, Standard of Review of Factual Findings, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
The American Home Assurance Company
Appellant
Royal Trust Corporation of Canada
Respondent
Douglas Ruck
Respondent
Procedural Posture
Appeal / Judgment on Appeal
Legal Issues
- 1 Whether the insured was required to give the insurer notice after learning of a happening which may give rise to a claim
- 2 Whether the appellate court should interfere with the trial judge's factual findings and credibility assessments
Ratio Decidendi
The trial judge's factual finding that the insured was required to give notice only after learning of a happening which may give rise to a claim was upheld; there was no basis to interfere with the trial judge's assessment of evidence and credibility, therefore the appeal and cross-appeal were dismissed.
Court Disposition
Appeal and cross-appeal dismissed.
Orders
- Appeal and cross-appeal dismissed
- Costs to respondent fixed at $1500.00 plus disbursements
Full Case Text
Judgment text and source record
1 paragraphs
American Home Assurance Company v. Royal Trust Corporation of Canada Court Court of Appeal Date 1993-04-05 Citation 1993 NSCA 71 Docket 02734 Judge/Registrar/Adjudicator Freeman, Gerald B. (Honourable Justice) (CA); Hallett, J. Doane (Honourable Justice) (CA); Jones, Malachi C. (Honourable Justice) (CA) Document Type Decision Decision Content S.C.A. No. 02734 NOVA SCOTIA COURT OF APPEAL Jones, Hallett and Freeman, JJ.A. Cite as: American Home Assurance Company v. Royal Trust Corporation. of Canada, 1993 NSCA 71 BETWEEN: THE AMERICAN HOME ASSURANCE ) COMPANY ) John P. Merrick, Q.C. ) for the Appellant Appellant ) ) - and - ) ) David Miller ) for the Respondents ROYAL TRUST CORPORATION OF ) CANADA, a body corporate; and DOUGLAS ) RUCK Respondents ) Appeal Heard: ) April 5, 1993 ) ) ) Judgment Delivered: ) April 5, 1993 ) ) ) ) ) ) ) ) THE COURT: Appeal and cross-appeal dismissed at $1500.00 plus disbursements per oral reasons for judgment of Jones, J.A.; Hallett and Freeman, JJ.A. concurring. The reasons for judgment of the court were delivered orally by: JONES, J.A.: We have carefully reviewed the decision of the learned trial judge and we agree with her conclusions. The insured was required to give the insurer notice "after learning of a happening which may give rise to a claim". That was a question of fact for the trial judge which included an assessment of Mr. Ruck's evidence. We see no basis to interfere with her decision on that issue. See Jeans v. Carl B. Potter Limited (1977), 24 N.S.R. (2d) 106. The appeal and cross-appeal are dismissed with costs to the respondent which are fixed at $1500.00 plus disbursements. J.A. Concurred in: Hallett, J.A. Freeman, J.A. S.C.A. No. 02734 NOVA SCOTIA COURT OF APPEAL BETWEEN: THE AMERICAN HOME ASSURANCE COMPANY, a body corporate ) Appellant ) - and - ) REASONS FOR ) JUDGMENT BY: ROYAL TRUST CORPORATION ) OF CANADA, ) JONES, ) J.A. Respondents ) ) ) ) ) ) )