In which of the following cases was the Supreme Court of Canada presented with an argument by insured's counsel based on s.171(b)of the Insurance Act providing in part that,"Where a contract ...contains any stipulation,condition or warranty that is or may be material to the risk ...the exclusion,stipulation,condition or warranty shall not be binding on the insured if its is held to be unjust or unreasonable?"

Question

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In Marche v. Halifax Insurance Co., the insured's counsel argued that the exclusion in the insurance contract was unjust and unreasonable under s.171(b) of the Insurance Act. The Supreme Court of Canada considered this argument and ultimately ruled in favor of the insured, finding that the exclusion was indeed unjust and unreasonable. Thus, D is the correct choice.

In Which of the Following Cases Was the Supreme Court