Kallu v The Wawanesa Mutual Insurance Company

Decided: 2026-09-15. Docket: CA51010. Citation: 2026 BCCA 385 (CanLII). Insurance — Property insurance — Statutory conditions — Insurance Act, s. 29 — Material change in risk — Whether non-disclosure of a marihuana grow operation voided coverage — Grow operation in outbuilding treated as material risk — Insurer justified in refusing indemnity for fire loss — Appeal dismissed | Contracts — Insurance contract administration — Notice to insurer or agent — Statutory condition 4(1) “insurer or its agent” — Whether the “Reduction of Coverage Form” given to the broker provided required notice — Form stated “Removal of outbuilding. It is leaking” not grow operation — No disclosure of material risk to insurer — Appeal dismissed | Contracts — Variation of coverage — Reduction of coverage request — W