Busato v Gore Mutual Insurance Company, 2025 BCCA 79 is a recent interesting case from the British Columbia Court of Appeal pertaining to insurance policy exclusion clauses.
In Busato, an accidental kitchen fire destroyed the appellant’s home. He claimed the loss under his homeowner’s insurance policy with Gore Mutual Insurance Company (“Gore”). Gore denied the claim due to the fact that the appellant had grown approximately 25 marijuana plants. Of note, these had been grown pursuant to a valid license issued by Health Canada. Further, these plants did not cause or contribute to the fire. However, an exclusion clause contained within the policy prohibited marijuana cultivation on the property.