In this appeal, Scott Stanley and Kevin Gourlay acted for two homeowners that were denied coverage by their insurance company, Wawanesa, after their house was destroyed by a furnace explosion. Wawanesa took the position that they were not entitled to coverage because the home had been “vacant” for more than 30 days and because they had not notified Wawanesa of a “material change” in circumstances. The homeowners lost at trial with the trial judge upholding Wawanesa’s denial of coverage. Scott and Kevin took the file over after trial and were successful in having the Court of Appeal reverse the trial judge’s finding on the basis of a 1932 Supreme Court of Canada decision that had not been given to the trial judge.

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