Supreme Court

Decision Information

Duncan v. Trisura Guarantee Insurance Company of Canada

Court Supreme Court
Date 2018-04-13
Citation 2018 NSSC 92
Docket Tru. No. 450644
Judge/Registrar/Adjudicator Hunt, Jeffrey R. (Honourable Justice) (SC)
Document Type Library Sheet
Relations Decision - Duncan v. Trisura Guarantee Insurance Company of Canada - 2018 NSSC 92 - 2018-04-13 - Decision

Decision Content

Supreme Court of Nova Scotia

Citation: Duncan v. Trisura Guarantee Insurance Company of Canada, 2018 NSSC 92

Date: 2018-04-13

Docket: Tru. No.  450644

Registry: Truro

Between:

Gregory Duncan and James White

 

Applicants

v.

Trisura Guarantee Insurance Company of Canada

 

Respondent

 

Library Heading

 

 

Judge:

The Honourable Justice Jeffrey R. Hunt

Heard:

July 24, 25 & 26, 2017, in Truro, Nova Scotia

Final Written Submissions:


August 31 & September 15, 2017

Written Decision:

Counsel:

 

April 13, 2018

Ronald Chisholm, Solicitor for the Applicants

Gus Richardson, Q.C., Solicitor for the Respondent

 

 

                                                                             

 

 

 

 

 

 Page 2                                          



Subject:

Duty of insurer to offer defence to proceeding against Applicants.

 

 

Issue:

Was there compliance with the notice provisions of the policy of insurance thus triggering the duty to defend?

 

Result:

 

The Applicants were successful in carrying their burden to establish the existence of a duty to defend.

 

 

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