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ARTICLE · 28 APRIL 2025

Burned By Butane, Denied By The Policy: Intent And Insurance In McGregor

CLC (Canadian Litigation Counsel)
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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...

CanadaLitigation, Mediation & Arbitration
Drew Wilson ( Brownlee LLP)
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 guilty to all subsequent criminal charges including causing the fire.

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