Nat. Bk. v. Co-op Fire (1988), 89 A.R. 42 (QB)
MLB headnote and full text
National Bank of Canada v. Co-operative Fire and Casualty Co.
(Action No. 8303 27477)
Indexed As: National Bank of Canada v. Co-operative Fire and Casualty Co.
Alberta Court of Queen’s Bench
Judicial District of Edmonton
Crossley, J.
February 1, 1988.
Summary:
The plaintiff brought an action against the defendant for rectification of an insurance contract to have the plaintiff added as a loss payee.
The Alberta Court of Queen’s Bench allowed the action.
Deeds and Documents – Topic 5051
Rectification – When available – General – For several years a bank’s customer had an insurance policy under which the bank was endorsed as a loss payee – The customer transferred the policy to another insurer, which agreed to retain the bank as a loss payee, but did not endorse its policy to accomplish it – The bank realized the omission, but did not seek to correct it until after a loss two to three months later – The bank applied for rectification of the policy – The Alberta Court of Queen’s Bench granted rectification notwithstanding the bank’s delay or laches in seeking rectification.
Equity – Topic 2064
Equitable defences – Laches – Rectification of deeds and documents – [See Deeds and Documents – Topic 5051 above].
Cases Noticed:
Weeds v. Blaney (1977), 121 Sol. Jo. 794 (C.A.), appld. [para. 9].
Tobias v. Nolan (1985), 71 N.S.R.(2d) 92; 171 A.P.R. 92, appld. [para. 9].
Hart v. Boutillier (1916), 56 D.L.R. 620 (S.C.C.), appld. [para. 9].
Re Monkley, [1933] 3 D.L.R. 384, appld. [para. 9].
Criterion Advertising Company v. Stewart, [1938] 4 D.L.R. 198, appld. [para. 9].
Counsel:
J. Philip Warner, for the plaintiff;
R. Paul Belzil, for the defendant.
This case was heard at Edmonton, Alberta, before Crossley, J., of the Alberta Court of Queen’s Bench, Judicial District of Edmonton, who delivered the following judgment on February 1, 1988.
