The Supreme Court of Canada has instructed that, "[t]he primary interpretive principle is that when the language of the policy is unambiguous, the court should give effect to clear language, reading the contract as a whole..." Progressive Homes Ltd. v. Lombard General Insurance Co. of Canada, [2010] 2 S.C.R. 245 (S.C.C.), at para 22. The problem, of course, is that just as the pure and simple truth "is rarely pure and never simple", Oscar Wilde, The Importance of Being Ernest, act I, l. 76, the language of contract is rarely clear and never entirely unambiguous.
Jevco Insurance Co. v. Malaviya |
2013 CarswellOnt 879 |
Ontario Superior Court of Justice