Burned By Butane, Denied By The Policy: Intent And Insurance In McGregor
| Published date | 28 April 2025 |
| Subject Matter | Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Personal Injury, Civil Law |
| Law Firm | CLC (Canadian Litigation Counsel) |
| Author | Mr Drew Wilson ( Brownlee LLP) |
Is subjective intent relevant for the purposes of a criminal act exclusion clause in a home owner's policy? The short answer is no.
In McGregor v Wawanesa Mutual Insurance Company, 2025 ABKB 227, the Plaintiff was insured under a home owner's policy with the Defendant, Wawanesa Insurance. Unbeknownst to Wawanesa, the Plaintiff used his detached garage to make cannabis oil which required butane to heat up the cannabis. The Plaintiff had a visitor over one evening while he was making cannabis oil but a fire started as a result of a cigarette being lit by the Plaintiff near the butane causing injuries to the third-party visitor.
It should be noted that the fire occurred before cannabis was legal to produce in Canada and the Plaintiff plead...
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
