Question

Review the LawNow article entitled: "The Supreme Court of Canada Protects the LITTLE GUY" by Barbara Billingsley. According to that article, what was the decision of the Supreme Court in Churchland v. Gore Mutual Insurance Co., 2003 ?

Select one:

a. The Court found that the action was brought in the wrong jurisdiction; accordingly the action was barred.

b. The claim was barred by the limitation period set out in the fire insurance section of the British Columbia Insurance Act, being one year from the date of loss.

c. This action was settled because the insured was wary of going to trial.

d. Churchland's claim was not barred by expiry of a limitation period.

Answer 1

b. The claim was barred by the limitation period set out in the fire insurance section of the British Columbia Insurance Act, being one year from the date of loss.

The supreme Court barred the claim based on the Fire Insurance section under the Insurance Act as the claim was brought after the limitation period for the same.