The judgment was delivered orally by
THE CHIEF JUSTICE—We all concur with the reasons given by Casey J.A. in the Court of Appeal and the appeal is accordingly allowed, the judgment of the Court of Appeal is set aside and the trial judgment is restored. All parties in the Court of Appeal and in this Court are entitled to their costs against the estate.
Appeal allowed with costs.
Solicitors for the appellants: Desjardins, Ducharme, Desjardins and Bourque, Montreal.
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Solicitors for the respondent, Aetna Casualty: O’Brien, Hall and Saunders, Montreal.
Solicitors for the respondents, Barnett and Inspiration Ltd.: Slattery, McQuillan, Kennedy and Lafleur, Montreal.
Footnotes
- [1] [1977] R.P. 334.