The Supreme Court of Canada considered the interpretation of “change material to the risk” in a New Brunswick policy for fire insurance. In a 5-2 decision, McLachlin C.J., writing for the majority, allowed the appeal and reinstated the decision of the trial judge, holding that if the insurance contract was void by reason of a statutory condition, the court should relieve against the result because a vacancy had been rectified. Bastarache and Charron JJ. dissented, holding that the statutory condition is clear and unambiguous, and the duty of disclosure was breached.
Marche v. Halifax Insurance Co., [2005] S.C.J. No. 7, Supreme Court of Canada