ALBERTA RESIDENTIAL CORPORATION v CERTAIN LLOYDS UNDERWRITERS, 2015 ABCA 195

BERGER, MCDONALD AND BROWN JJA

7.1: Application to resolve particular questions or issues

Case Summary

The dispute related to an insurance contract between the parties in which the Appellant insurer was alleging that the Insurance Policy did not provide coverage for property located within the undecorated interior surfaces of the floors, walls and ceilings of the units in a shared condominium complex. As this was the only issue under dispute, the parties agreed to have it tried on an Agreed Statement of Facts in Special Chambers, pursuant to Rule 7.1. The Justice in Chambers held that the insurance policy did in fact cover property located within the condominium units. The Appellant argued, inter alia, that the Justice in Chambers erred in refusing to consider the condominium by-laws which, according to the Appellant, had been inadvertently excluded from the Agreed Statement of Facts. Brown J.A., on behalf of the Court, held that the Order setting the matter down for hearing under Rule 7.1 restricted the evidence to the Agreed Statement of Facts and the exhibits attached thereto. The Justice in Chambers therefore did not err in refusing to consider evidence which was not part of the Agreed Statement of Facts. The Appeal was dismissed.

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