1921645 ALBERTA LTD v FCT INSURANCE COMPANY LTD, 2022 ABCA 400
SLATTER, PENTELECHUK AND FEEHAN JJA
7.1: Application to resolve particular questions or issues
7.2: Application for judgment
7.3: Summary Judgment (Application and decision)
This was an Appeal with respect to whether a title insurance policy covered local improvement charges that became payable in the years after the closing of the transaction.
The Defendant appealed a Chambers Judge’s Order determining the Trial of an issue pursuant to Rule 7.1 and granting Summary Judgment pursuant to Rules 7.2 and 7.3. The entirety of the analysis considered principles of contractual interpretation.
Ultimately, Slatter J.A. and Pentelechuk J.A. found that local improvement charges that became payable commencing in 2016 were not covered by the policy of title insurance and allowed the Appeal, dismissing the claim. Feehan J.A. dissented.View CanLII Details