was liability on the parish in respect of all similar notes, running into very large amounts, the parish would be LESUnUR unable to pay them. That was not proof of the act of bankruptcy charged against the respondent that it had ceased to meet its liabilities generally as they became due. I do not feel justified in granting leave in this case, and D s the motion must therefore be dismissed with costs. Davis J.
the judgment of the Court of Appeal for Ontario ([1934] O.R. 273) dismissing his appeal from the judgment of Kelly J. (ibid) dismissing his actions, it was held that said statutory condition did not afford a defence to the respondent insurance companies; the course of the litigation precluded them from relying upon any charge of actual fraud; and, while the plaintiff's (appellant's) agent's partial statement of the facts to the insurance agent (in stating that there were fires "all over the country"; without disclosing that there was a fire in McNish township, which, as known to plaintiff but not to plaintiff's agent, adjoined the township in which was the lumber camp proposed to be insured) might, if calculated to mislead the insurance agent, amount to a misrepresentation, yet this was an issue of fact not suggested by the insurance companies at the trial, and the evidence did not shew that the insurance agent was misled; further, a misrepresentation, to produce a legal effect, must be one influencing the other party to enter the contract, and it did not appear that anything said by the plaintiff's agent influenced the insurance agent in assenting to effect the insurance.
(Smith v. Chad- C.J. and Rinfret, Cannon, Crocket and Hughes JJ.
Cases cited
- O.R. 273 O.R. 273