How have courts treated the issue of encumbrances on real estate?

Ontario, Canada


The following excerpt is from Gore District Mutual Fire Ins. Co. v. Samo, 1877 CanLII 5 (ON CA):

We must be careful not to suffer the supposed principle of abstract justice involved in this argument to carry us away from the simple duty of construing the contract sued upon as we would any other contract not affected by considerations of hardship or supposed injustice. It is certainly not quite agreeable to our ideas of abstract justice to be obliged to admit that an answer in regard to encumbrances on the real estate should have the effect of depriving the insured of compensation for that about which [???] no untruth; but the question is solely as to what the statute says, and what the contract under the statute says, upon the point. See per Thompson, C.J., in Gottsman v. Pennsylvania Ins. Co., 56 Penn. 210.

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