When a contract expressly states on its face that the agent filling in the contract is the agent of the applicant, is that agent valid or binding?
Saskatchewan, Canada
The following excerpt is from Laird v. Canada Weather Insurance Co., 1914 CanLII 321 (SK QB):
It will be noted that in Biggar v. Rock Life Ins. Co., supra, there was apparently no clause in the application that the agent taking the application was the agent of the applicant, and yet, notwithstanding that, the court held, under the circumstances, that the agent was the agent of the applicant, and that notice to the agent was not notice to the company. If that is so, surely in the present case, when the contract expressly states on its face that the agent filling in the contract is the agent of the applicant, I should hold that the company had no notice of the mistake which arose.
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