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ARTICLE · 03 SEPTEMBER 2015

Agricultural Law NetLetter - Friday, August 21, 2015 - Issue 330

Miller Thomson
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A Justice of the British Columbia Supreme Court has concluded that a marijuana growing operation in a private residence did not fall within the "farming" exclusion under the homeowner's insurance policy.

CanadaReal Estate and Construction
Brian Kaliel K.C.
Brian Kaliel K.C.
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** HIGHLIGHTS **

A Justice of the British Columbia Supreme Court has concluded that a marijuana growing operation in a private residence did not fall within the "farming" exclusion under the homeowner's insurance policy. The grow op was conducted by either the homeowner or his wife. The exclusion in the policy for the unlawful cultivation of marijuana did not apply because the house was not destroyed as a result of the grow op, but as a result of arson. The insurer was required to pay the loss. (Davidson v. Wawanesa Insurance Co., CALN/2015-019, [2015] B.C.J. No. 1701, Supreme Court of British Columbia)

** NEW CASE LAW **

Davidson v. Wawanesa Insurance Co.; CALN/2015-019, Full text: [2015] B.C.J. No. 1701; 2015 BCSC 1383, Supreme Court of British Columbia, S.C. Fitzpatrick J., August 10, 2015.

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